§ 20-1. Division of Motor Vehicles established.

The Division of Motor Vehicles of the Department of Transportation is established. This Chapter sets out the powers and duties of the Division.

History

(1941, c. 36, s. 1; 1949, c. 1167; 1973, c. 476, s. 193; 1975, c. 716, s. 5; c. 863; 1987, c. 827, s. 2; c. 847, s. 1; 1995 (Reg. Sess., 1996), c. 756, s. 1.)

Local Modification. - Dare: 1995, c. 196, s. 1; (As to Chapter 20) city of Charlotte: 2001-88; (As to Chapter 20) city of Salisbury: 2003-130.

Editor's Note. - As to the inapplicability of the contested case provisions of Chapter 150B to the Department of Transportation, except as provided in G.S. 136-29, see G.S. 150B-1(e).

Session Laws 2012-85, s. 12, provides: "When the Division of Motor Vehicles has completed the implementation of the Division's Next Generation Secure Driver License System, the Commissioner of Motor Vehicles shall certify to the Revisor of Statutes that the Division of Motor Vehicles has completed the implementation. When making the certification, the Commissioner of Motor Vehicles shall reference S.L. 2011-35, S.L. 2011-228, and the session law number of this act." On August 21, 2019, the Commissioner of Motor Vehicles certified to the Revisor of Statutes that the Next Generation Secure Driver License System was fully implemented in January 2016.

Session Laws 2013-360, s. 34.28, provides: "The Department of Transportation and the Department of Public Safety shall not transfer any personnel or functions of the License & Theft Bureau of the Department of Transportation's Division of Motor Vehicles or enter into any agreement regarding transfer of personnel or functions of the License & Theft Bureau until passage of an act of the General Assembly authorizing the transfer."

Session Laws 2013-360, s. 1.1, provides: "This act shall be known as the 'Current Operations and Capital Improvements Appropriations Act of 2013.'"

Session Laws 2013-360, s. 38.2, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2013-2015 fiscal biennium, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2013-2015 fiscal biennium."

Session Laws 2013-360, s. 38.5, is a severability clause.

Session Laws 2019-231, s. 4.14(a)-(c), provides: "(a) Expand Performance Dashboard. - The Department of Transportation shall expand its performance dashboard available on the Department's home page of the Department's Web site to track the following information about the Division of Motor Vehicles:

"(1) The number of conventional hybrid vehicle new registrations issued per month and year-to-date.

"(2) The number of conventional hybrid vehicle registrations renewed per month and year-to-date.

"(3) The total number of conventional hybrid vehicles currently registered.

"(4) The number of plug-in hybrid vehicle new registrations issued per month and year-to-date.

"(5) The number of plug-in hybrid vehicle registrations renewed per month and year-to-date.

"(6) The total number of plug-in hybrid vehicles currently registered.

"(7) The number of plug-in electric vehicle new registrations issued per month and year-to-date.

"(8) The number of plug-in electric vehicle registrations renewed per month and year-to-date.

"(9) The total number of plug-in electric vehicles currently registered.

"(b) Definitions. - For purposes of this section: (i) a ‘conventional hybrid vehicle' means a vehicle that uses both a motor fuel engine and an electric motor that cannot be plugged in and recharged, (ii) a ‘plug-in hybrid vehicle' means a vehicle that uses both a motor fuel engine and an electric motor with a battery that may be recharged by plugging into an outlet or charging station, and (iii) a ‘plug-in electric vehicle' means a vehicle that exclusively uses an on-board battery that may be recharged by plugging into an outlet or charging station.

"(c) Implementation Date. - The expansion of the Department's performance dashboard required under subsection (a) of this section shall be completed by January 1, 2020."

Session Laws 2019-231, s. 5.3, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2019-2021 fiscal biennium, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2019-2021 fiscal biennium."

Session Laws 2019-231, s. 5.5, is a severability clause.

Legal Periodicals. - For note on the conflict between the North Carolina Motor Vehicle Act and the UCC, see 65 N.C.L. Rev. 1156 (1987).

For legislative survey on motor vehicle law, see 22 Campbell L. Rev. 253 (2000).

§ 20-2. Commissioner of Motor Vehicles; rules.

1. Commissioner and Assistants. - The Division of Motor Vehicles shall be administered by the Commissioner of Motor Vehicles, who shall be appointed by and serve at the pleasure of the Secretary of the Department of Transportation. The Commissioner shall be paid an annual salary to be fixed by the Governor and allowed traveling expenses as allowed by law.
2. Rules. - The Commissioner may adopt rules to implement this Chapter. Chapter 150B of the General Statutes governs the adoption of rules by the Commissioner.

In any action, proceeding, or matter of any kind, to which the Commissioner of Motor Vehicles is a party or in which he may have an interest, all pleadings, legal notices, proof of claim, warrants for collection, certificates of tax liability, executions, and other legal documents, may be signed and verified on behalf of the Commissioner of Motor Vehicles by the Assistant Commissioner of Motor Vehicles or by any director or assistant director of any section of the Division of Motor Vehicles or by any other agent or employee of the Division so authorized by the Commissioner of Motor Vehicles.

History

(1941, c. 36, s. 2; 1945, c. 527; 1955, c. 472; 1975, c. 716, s. 5; 1983, c. 717, s. 5; 1983 (Reg. Sess., 1984), c. 1034, s. 164; 1991, c. 477, s. 4; 2012-142, s. 25.1 (b).)

Editor's Note. - Session Laws 2012-142, s. 25.1(f), made the amendments to this section by Session Laws 2012-142, s. 25.1(b), applicable to persons appointed to the positions of Commissioner of Motor Vehicles, "State Personnel Director" [now the Director of the Office of State Human Resources], Director of the North Carolina Museum of Art, and State Chief Information Officer on or after January 1, 2013.

Effect of Amendments. - Session Laws 2012-142, s. 25.1(b), effective July 1, 2012, substituted "Governor and allowed traveling" for "General Assembly in the Current Operations Appropriations Act and allowed his traveling" in the last sentence of the first paragraph of subsection (a). For applicability, see Editor's note.

§ 20-3. Organization of Division.

The Commissioner, subject to the approval of the Secretary of the Department of Transportation, shall organize and administer the Division in such manner as he may deem necessary to conduct the work of the Division.

History

(1941, c. 36, s. 3; 1975, c. 716, s. 5.)

§ 20-3.1. Purchase of additional airplanes.

The Division of Motor Vehicles shall not purchase additional airplanes without the express authorization of the General Assembly.

History

(1963, c. 911, s. 11/2; 1971, c. 198; 1975, c. 716, s. 5.)

§ 20-4: Repealed by Session Laws 2002-190, s. 4, effective January 1, 2003.

Editor's Note. - Session Laws 2002-190, s. 1, provides: "All statutory authority, powers, duties, and functions, including rulemaking, budgeting, purchasing, records, personnel, personnel positions, salaries, property, and unexpended balances of appropriations, allocations, reserves, support costs, and other funds allocated to the Department of Transportation, Division of Motor Vehicles Enforcement Section, for the regulation and enforcement of commercial motor vehicles, oversize and overweight vehicles, motor carrier safety, and mobile and manufactured housing are transferred to and vested in the Department of Crime Control and Public Safety. This transfer has all the elements of a Type I transfer as defined in G.S. 143A-6.

"The Department of Crime Control and Public Safety shall be considered a continuation of the transferred portion of the Department of Transportation, Division of Motor Vehicles Enforcement Section, for the purpose of succession to all rights, powers, duties, and obligations of the Enforcement Section and of those rights, powers, duties, and obligations exercised by the Department of Transportation, Division of Motor Vehicles on behalf of the Enforcement Section. Where the Department of Transportation, the Division of Motor Vehicles, or the Enforcement Section, or any combination thereof are referred to by law, contract, or other document, that reference shall apply to the Department of Crime Control and Public Safety.

"All equipment, supplies, personnel, or other properties rented or controlled by the Department of Transportation, Division of Motor Vehicles Enforcement Section for the regulation and enforcement of commercial motor vehicles, oversize and overweight vehicles, motor carrier safety, and mobile and manufactured housing shall be administered by the Department of Crime Control and Public Safety."

Session Laws 2002-190, s. 17, provides: "The Governor shall resolve any dispute between the Department of Transportation and the Department of Crime Control and Public Safety concerning the implementation of this act [Session Laws 2002-190]."

§ 20-4.01. Definitions.

Unless the context requires otherwise, the following definitions apply throughout this Chapter to the defined words and phrases and their cognates:

1. Airbag. - A motor vehicle inflatable occupant restraint system device that is part of a supplemental restraint system.
2. Alcohol. - Any substance containing any form of alcohol, including ethanol, methanol, propanol, and isopropanol.
3. Alcohol Concentration. - The concentration of alcohol in a person, expressed either as:
   1. Grams of alcohol per 100 milliliters of blood; or
   2. Grams of alcohol per 210 liters of breath.
4. All-Terrain Vehicle or ATV. - A motorized vehicle 50 inches or less in width that is designed to travel on three or more low-pressure tires and manufactured for off-highway use. The terms "all-terrain vehicle" or "ATV" do not include a golf cart or a utility vehicle, as defined in this section, or a riding lawn mower.
5. Business District. - The territory prescribed as such by ordinance of the Board of Transportation.
6. Canceled. - As applied to drivers' licenses and permits, a declaration that a license or permit which was issued through error or fraud, or to which G.S. 20-15(a) applies, is void and terminated.
7. Class A Motor Vehicle. - A combination of motor vehicles that meets either of the following descriptions:
   1. Has a combined GVWR of at least 26,001 pounds and includes as part of the combination a towed unit that has a GVWR of at least 10,001 pounds.
   2. Has a combined GVWR of less than 26,001 pounds and includes as part of the combination a towed unit that has a GVWR of at least 10,001 pounds.
8. Class B Motor Vehicle. - Any of the following:
   1. A single motor vehicle that has a GVWR of at least 26,001 pounds.
   2. A combination of motor vehicles that includes as part of the combination a towing unit that has a GVWR of at least 26,001 pounds and a towed unit that has a GVWR of less than 10,001 pounds.
9. Class C Motor Vehicle. - Any of the following:
   1. A single motor vehicle not included in Class B.
   2. A combination of motor vehicles not included in Class A or Class B.
10. Repealed by Session Laws 1979, c. 667, s. 1.
11. Chemical Analysis. - A test or tests of the breath, blood, or other bodily fluid or substance of a person to determine the person's alcohol concentration or presence of an impairing substance, performed in accordance with G.S. 20-139.1, including duplicate or sequential analyses.
12. Chemical Analyst. - A person granted a permit by the Department of Health and Human Services under G.S. 20-139.1 to perform chemical analyses.
13. Commercial Drivers License (CDL). - A license issued by a state to an individual who resides in the state that authorizes the individual to drive a class of commercial motor vehicle. A "nonresident commercial drivers license (NRCDL)" is issued by a state to an individual who resides in a foreign jurisdiction.
14. Commercial Motor Vehicle. - Any of the following motor vehicles that are designed or used to transport passengers or property:
    1. A Class A motor vehicle that has a combined GVWR of at least 26,001 pounds and includes as part of the combination a towed unit that has a GVWR of at least 10,001 pounds.
    2. A Class B motor vehicle.
    3. A Class C motor vehicle that meets either of the following descriptions:
       1. Is designed to transport 16 or more passengers, including the driver.
       2. Is transporting hazardous materials and is required to be placarded in accordance with 49 C.F.R. Part 172, Subpart F.
    4. Repealed by Session Laws 1999, c. 330, s. 9, effective December 1, 1999.
15. Commissioner. - The Commissioner of Motor Vehicles.
16. Conviction. - A conviction for an offense committed in North Carolina or another state:
    1. In-State. When referring to an offense committed in North Carolina, the term means any of the following:
       1. A final conviction of a criminal offense, including a no contest plea.
       2. A determination that a person is responsible for an infraction, including a no contest plea.
       3. An unvacated forfeiture of cash in the full amount of a bond required by Article 26 of Chapter 15A of the General Statutes.
       4. A third or subsequent prayer for judgment continued within any five-year period.
       5. Any prayer for judgment continued if the offender holds a commercial drivers license or if the offense occurs in a commercial motor vehicle.
    2. Out-of-State. When referring to an offense committed outside North Carolina, the term means any of the following:
       1. An unvacated adjudication of guilt.
       2. A determination that a person has violated or failed to comply with the law in a court of original jurisdiction or an authorized administrative tribunal.
       3. An unvacated forfeiture of bail or collateral deposited to secure the person's appearance in court.
       4. A violation of a condition of release without bail, regardless of whether or not the penalty is rebated, suspended, or probated.
       5. A final conviction of a criminal offense, including a no contest plea.
       6. Any prayer for judgment continued, including any payment of a fine or court costs, if the offender holds a commercial drivers license or if the offense occurs in a commercial motor vehicle.
17. Counterfeit supplemental restraint system component. - A replacement supplemental restraint system component, including an airbag, that displays a mark identical to, or substantially similar to, the genuine mark of a motor vehicle manufacturer or a supplier of parts to the manufacturer of a motor vehicle, without authorization from the manufacturer or supplier.
18. Crash. - Any event that results in injury or property damage attributable directly to the motion of a motor vehicle or its load. The terms collision, accident, and crash and their cognates are synonymous.
19. Dealer. - Every person engaged in the business of buying, selling, distributing, or exchanging motor vehicles, trailers, or semitrailers in this State, and having an established place of business in this State.
20. Dedicated natural gas vehicle. - A four-wheeled motor vehicle that meets each of the following requirements:
    1. Is made by a manufacturer primarily for use on public streets, roads, and highways and meets National Highway Traffic Safety Administration standards included in 49 C.F.R. § 571.
    2. Has not been modified from original manufacturer specifications with regard to power train or any manner of powering the vehicle.
    3. Is powered solely by natural gas.
    4. Is rated at not more than 8,500 pounds unloaded gross vehicle weight.
    5. Has a maximum speed capability of at least 65 miles per hour.
21. Disqualification. - A withdrawal of the privilege to drive a commercial motor vehicle.
22. Division. - The Division of Motor Vehicles acting directly or through its duly authorized officers and agents.
23. Driver. - The operator of a vehicle, as defined in subdivision (25). The terms "driver" and "operator" and their cognates are synonymous.
24. Electric Assisted Bicycle. - A bicycle with two or three wheels that is equipped with a seat or saddle for use by the rider, fully operable pedals for human propulsion, and an electric motor of no more than 750 watts, whose maximum speed on a level surface when powered solely by such a motor is no greater than 20 miles per hour.
25. Electric Personal Assistive Mobility Device. - A self-balancing nontandem two-wheeled device, designed to transport one person, with a propulsion system that limits the maximum speed of the device to 15 miles per hour or less.
26. Employer. - Any person who owns or leases a commercial motor vehicle or assigns a person to drive a commercial motor vehicle and would be subject to the alcohol and controlled substance testing provisions of 49 C.F.R. § 382 and also includes any consortium or third-party administrator administering the alcohol and controlled substance testing program on behalf of owner-operators subject to the provisions of 49 C.F.R. § 382.
27. Essential Parts. - All integral and body parts of a vehicle of any type required to be registered hereunder, the removal, alteration, or substitution of which would tend to conceal the identity of the vehicle or substantially alter its appearance, model, type, or mode of operation.
28. Established Place of Business. - Except as provided in G.S. 20-286, the place actually occupied by a dealer or manufacturer at which a permanent business of bargaining, trading, and selling motor vehicles is or will be carried on and at which the books, records, and files necessary and incident to the conduct of the business of automobile dealers or manufacturers shall be kept and maintained.
29. Explosives. - Any chemical compound or mechanical mixture that is commonly used or intended for the purpose of producing an explosion and which contains any oxidizing and combustive units or other ingredients in such proportions, quantities, or packing that an ignition by fire, by friction, by concussion, by percussion, or by detonator of any part of the compound or mixture may cause such a sudden generation of highly heated gases that the resultant gaseous pressures are capable of producing destructible effects on contiguous objects or of destroying life or limb.
30. Farm Tractor. - Every motor vehicle designed and used primarily as a farm implement for drawing plows, mowing machines, and other implements of husbandry.
31. For-Hire Motor Carrier. - A person who transports passengers or property by motor vehicle for compensation.
32. Foreign Vehicle. - Every vehicle of a type required to be registered hereunder brought into this State from another state, territory, or country, other than in the ordinary course of business, by or through a manufacturer or dealer and not registered in this State.
33. Fuel cell electric vehicle. - A four-wheeled motor vehicle that does not have the ability to be propelled by a gasoline engine and that meets each of the following requirements:
    1. Is made by a manufacturer primarily for use on public streets, roads, and highways and meets National Highway Traffic Safety Administration standards included in 49 C.F.R. § 571.
    2. Has not been modified from original manufacturer specifications with regard to power train or any manner of powering the vehicle.
    3. Uses hydrogen and a fuel cell to produce electricity on board to power an electric motor to propel the vehicle.
    4. Is rated at not more than 8,500 pounds unloaded gross vehicle weight.
    5. Has a maximum speed capability of at least 65 miles per hour.
34. Golf Cart. - A vehicle designed and manufactured for operation on a golf course for sporting or recreational purposes and that is not capable of exceeding speeds of 20 miles per hour.
35. Gross Combination Weight Rating (GCWR). - Defined in 49 C.F.R. § 390.5.
36. Gross Combined Weight (GCW). - The total weight of a combination (articulated) motor vehicle, including passengers, fuel, cargo, and attachments.
37. Gross Vehicle Weight (GVW). - The total weight of a vehicle, including passengers, fuel, cargo, and attachments.
38. Gross Vehicle Weight Rating (GVWR). - The value specified by the manufacturer as the maximum loaded weight a vehicle is capable of safely hauling. The GVWR of a combination vehicle is the GVWR of the power unit plus the GVWR of the towed unit or units. When a vehicle is determined by an enforcement officer to be structurally altered in any way from the manufacturer's original design in an attempt to increase the hauling capacity of the vehicle, the GVWR of that vehicle shall be deemed to be the greater of the license weight or the total weight of the vehicle or combination of vehicles for the purpose of enforcing this Chapter. For the purpose of classification of commercial drivers license and skills testing, the manufacturer's GVWR shall be used.
39. Hazardous Materials. - Any material that has been designated as hazardous under 49 U.S.C. § 5103 and is required to be placarded under Subpart F of Part 172 of Title 49 of the Code of Federal Regulations, or any quantity of a material listed as a select agent or toxin under Part 73 of Title 42 of the Code of Federal Regulations.
40. High-Mobility Multipurpose Wheeled Vehicle (HMMWV). - A four-wheel drive vehicle produced for military or government use and commonly referred to as a "HMMWV" or "Humvee".
41. Highway. - The entire width between property or right-of-way lines of every way or place of whatever nature, when any part thereof is open to the use of the public as a matter of right for the purposes of vehicular traffic. The terms "highway" and "street" and their cognates are synonymous.
42. House Trailer. - Any trailer or semitrailer designed and equipped to provide living or sleeping facilities and drawn by a motor vehicle. This term shall not include a manufactured home as defined in subdivision (18a) of this section.
43. Impairing Substance. - Alcohol, controlled substance under Chapter 90 of the General Statutes, any other drug or psychoactive substance capable of impairing a person's physical or mental faculties, or any combination of these substances.
44. Implement of Husbandry. - Every vehicle which is designed for agricultural purposes and used exclusively in the conduct of agricultural operations.
45. Inoperable Vehicle. - A motor vehicle that is substantially disassembled and for this reason is mechanically unfit or unsafe to be operated or moved upon a public street, highway, or public vehicular area.
46. Intersection. - The area embraced within the prolongation of the lateral curblines or, if none, then the lateral edge of roadway lines of two or more highways which join one another at any angle whether or not one such highway crosses the other.
47. License. - Any driver's license or any other license or permit to operate a motor vehicle issued under or granted by the laws of this State including:
    1. Any temporary license or learner's permit;
    2. The privilege of any person to drive a motor vehicle whether or not such person holds a valid license; and
    3. Any nonresident's operating privilege.
48. Local Authorities. - Every county, municipality, or other territorial district with a local board or body having authority to adopt local police regulations under the Constitution and laws of this State.
49. Manufactured Home. - Defined in G.S. 143-143.9(6).
50. Manufacturer. - Every person, resident, or nonresident of this State, who manufactures or assembles motor vehicles.
51. Manufacturer's Certificate. - A certification on a form approved by the Division, signed by the manufacturer, indicating the name of the person or dealer to whom the therein-described vehicle is transferred, the date of transfer and that such vehicle is the first transfer of such vehicle in ordinary trade and commerce. The description of the vehicle shall include the make, model, year, type of body, identification number or numbers, and such other information as the Division may require.
52. Metal Tire. - Every tire the surface of which in contact with the highway is wholly or partly of metal or other hard, nonresilient material.
53. Repealed by Session Laws 2016-90, s. 13(a), effective December 1, 2016, and applicable to offenses committed on or after that date.
54. Motor Carrier. - A for-hire motor carrier or a private motor carrier.
55. Motorcycle. - A type of passenger vehicle as defined in G.S. 20-4.01(27).
56. Motor Vehicle. - Every vehicle which is self-propelled and every vehicle designed to run upon the highways which is pulled by a self-propelled vehicle. Except as specifically provided otherwise, this term shall not include mopeds or electric assisted bicycles.
57. Nonfunctional airbag. - A replacement airbag that meets any of the following criteria:
    1. The airbag was previously deployed or damaged.
    2. The airbag has an electric fault that is detected by the vehicle's airbag diagnostic systems when the installation procedure is completed and the vehicle is returned to the customer who requested the work to be performed or when ownership is intended to be transferred.
    3. The airbag includes a part or object, including a supplemental restraint system component that is installed in a motor vehicle to mislead the owner or operator of the motor vehicle into believing that a functional airbag has been installed.
    4. The airbag is subject to the prohibitions of 49 U.S.C. § 30120(j).
58. Nonresident. - Any person whose legal residence is in some state, territory, or jurisdiction other than North Carolina or in a foreign country.
59. Offense Involving Impaired Driving. - Any of the following offenses:
    1. Impaired driving under G.S. 20-138.1.
    2. Any offense set forth under G.S. 20-141.4 when conviction is based upon impaired driving or a substantially similar offense under previous law.
    3. First or second degree murder under G.S. 14-17 or involuntary manslaughter under G.S. 14-18 when conviction is based upon impaired driving or a substantially similar offense under previous law.
    4. An offense committed in another jurisdiction which prohibits substantially similar conduct prohibited by the offenses in this subsection.
    5. A repealed or superseded offense substantially similar to impaired driving, including offenses under former G.S. 20-138 or G.S. 20-139.
    6. Impaired driving in a commercial motor vehicle under G.S. 20-138.2, except that convictions of impaired driving under G.S. 20-138.1 and G.S. 20-138.2 arising out of the same transaction shall be considered a single conviction of an offense involving impaired driving for any purpose under this Chapter.
    7. Habitual impaired driving under G.S. 20-138.5.
60. On-track equipment. - Any railcar, rolling stock, equipment, vehicle, or other device that is operated on stationary rails.
61. Operator. - A person in actual physical control of a vehicle which is in motion or which has the engine running. The terms "operator" and "driver" and their cognates are synonymous.
62. Out of Service Order. - A declaration that a driver, a commercial motor vehicle, or a motor carrier operation is out-of-service.
63. Owner. - A person holding the legal title to a vehicle, or in the event a vehicle is the subject of a chattel mortgage or an agreement for the conditional sale or lease thereof or other like agreement, with the right of purchase upon performance of the conditions stated in the agreement, and with the immediate right of possession vested in the mortgagor, conditional vendee or lessee, said mortgagor, conditional vendee or lessee shall be deemed the owner for the purpose of this Chapter. For the purposes of this Chapter, the lessee of a vehicle owned by the government of the United States shall be considered the owner of said vehicle.
64. Passenger Vehicles. -
    1. Ambulances. - Vehicles equipped for transporting wounded, injured, or sick persons.
    2. Autocycle. - A three-wheeled motorcycle that has a steering wheel, pedals, seat safety belts for each occupant, antilock brakes, completely or partially enclosed seating that does not require the operator to straddle or sit astride, and is otherwise manufactured to comply with federal safety requirements for motorcycles.
    3. Child care vehicles. - Vehicles under the direction and control of a child care facility, as defined in G.S. 110-86(3), and driven by an owner, employee, or agent of the child care facility for the primary purpose of transporting children to and from the child care facility, or to and from a place for participation in an event or activity in connection with the child care facility.
    4. Common carriers of passengers. - Vehicles operated under a certificate of authority issued by the Utilities Commission for operation on the highways of this State between fixed termini or over a regular route for the transportation of persons for compensation.
    5. Excursion passenger vehicles. - Vehicles transporting persons on sight-seeing or travel tours.
    6. For-hire passenger vehicles. - Vehicles transporting persons for compensation. This classification shall not include the following:
       1. Vehicles operated as ambulances.
       2. Vehicles operated by the owner where the costs of operation are shared by the passengers.
       3. Vehicles operated pursuant to a ridesharing arrangement as defined in G.S. 136-44.21.
       4. Vehicles transporting students for the public school system under contract with the State Board of Education.
       5. Vehicles leased to the United States of America or any of its agencies on a nonprofit basis.
       6. Vehicles used for human service.
       7. Vehicles used for volunteer transportation.
       8. Vehicles operated in a TNC service, excluding vehicles operated in connection with a brokering transportation network company, regulated under Article 10A of Chapter 20 of the General Statutes.
    7. Low-speed vehicle. - A four-wheeled electric vehicle whose top speed is greater than 20 miles per hour but less than 25 miles per hour.
    8. Motorcycles. - Vehicles having a saddle for the use of the rider and designed to travel on not more than three wheels in contact with the ground, including autocycles, motor scooters, and motor-driven bicycles, but excluding tractors and utility vehicles equipped with an additional form of device designed to transport property, three-wheeled vehicles while being used by law-enforcement agencies, electric assisted bicycles, and mopeds as defined in sub-subdivision d1. of this subdivision.
    9. Motor-driven bicycle. - A vehicle with two or three wheels, a steering handle, one or two saddle seats, pedals, and a motor that cannot propel the vehicle at a speed greater than 20 miles per hour on a level surface. This term shall not include an electric assisted bicycle as defined in subdivision (7a) of this section.
    10. Moped. - A vehicle, other than a motor-driven bicycle or electric assisted bicycle, that has two or three wheels, no external shifting device, a motor that does not exceed 50 cubic centimeters piston displacement and cannot propel the vehicle at a speed greater than 30 miles per hour on a level surface. The motor may be powered by electricity, alternative fuel, motor fuel, or a combination of each.
    11. Motor home or house car. - A vehicular unit, designed to provide temporary living quarters, built into as an integral part, or permanently attached to, a self-propelled motor vehicle chassis or van. The vehicle must provide at least four of the following facilities:   cooking, refrigeration or icebox, self-contained toilet, heating or air conditioning, a portable water supply system including a faucet and sink, separate 110-125 volt electrical power supply, or an LP gas supply.
    12. Private passenger vehicles. - All other passenger vehicles not included in the above definitions.
    13. School activity bus. - A vehicle, generally painted a different color from a school bus, whose primary purpose is to transport school students and others to or from a place for participation in an event other than regular classroom work. The term includes a public, private, or parochial vehicle that meets this description.
    14. School bus. - A vehicle whose primary purpose is to transport school students over an established route to and from school for the regularly scheduled school day, that is equipped with alternately flashing red lights on the front and rear and a mechanical stop signal, that is painted primarily yellow below the roofline, and that bears the plainly visible words "School Bus" on the front and rear. The term includes a public, private, or parochial vehicle that meets this description.
    15. U-drive-it passenger vehicles. - Passenger vehicles included in the definition of U-drive-it vehicles set forth in this section.
65. Person. - Every individual, firm, partnership, association, corporation, governmental agency, or combination thereof of whatsoever form or character.
66. Personal delivery device. - An electrically powered device intended for transporting cargo that is equipped with automated driving technology that enables device operation with or without the remote support and supervision of a human and that does not exceed (i) a weight of 500 pounds, excluding cargo, (ii) a length of 40 inches, and (iii) a width of 30 inches.
67. Plug-in electric vehicle. - A four-wheeled motor vehicle that does not have the ability to be propelled by a gasoline engine and that meets each of the following requirements:
    1. Is made by a manufacturer primarily for use on public streets, roads, and highways and meets National Highway Traffic Safety Administration standards included in 49 C.F.R. § 571.
    2. Has not been modified from original manufacturer specifications with regard to power train or any manner of powering the vehicle.
    3. Is rated at not more than 8,500 pounds unloaded gross vehicle weight.
    4. Has a maximum speed capability of at least 65 miles per hour.
    5. Draws electricity from a battery that has all of the following characteristics:
       1. A capacity of not less than four kilowatt hours.
       2. Capable of being recharged from an external source of electricity.
68. Pneumatic Tire. - Every tire in which compressed air is designed to support the load.
69. Private Motor Carrier. - A person who transports passengers or property by motor vehicle in interstate commerce and is not a for-hire motor carrier.
70. Private Road or Driveway. - Every road or driveway not open to the use of the public as a matter of right for the purpose of vehicular traffic.
71. Property-Hauling Vehicles. -
    1. Vehicles used for the transportation of property.
    2. , c. Repealed by Session Laws 1995 (Regular Session, 1996), c. 756, s. 4.
72. Provisional Licensee. - A person under the age of 18 years.
73. Public Vehicular Area. - Any area within the State of North Carolina that meets one or more of the following requirements:
    1. The area is used by the public for vehicular traffic at any time, including by way of illustration and not limitation any drive, driveway, road, roadway, street, alley, or parking lot upon the grounds and premises of any of the following:
       1. Any public or private hospital, college, university, school, orphanage, church, or any of the institutions, parks or other facilities maintained and supported by the State of North Carolina or any of its subdivisions.
       2. Any service station, drive-in theater, supermarket, store, restaurant, or office building, or any other business, residential, or municipal establishment providing parking space whether the business or establishment is open or closed.
       3. Any property owned by the United States and subject to the jurisdiction of the State of North Carolina. (The inclusion of property owned by the United States in this definition shall not limit assimilation of North Carolina law when applicable under the provisions of Title 18, United States Code, section 13).
    2. The area is a beach area used by the public for vehicular traffic.
    3. The area is a road used by vehicular traffic within or leading to a gated or non-gated subdivision or community, whether or not the subdivision or community roads have been offered for dedication to the public.
    4. The area is a portion of private property used by vehicular traffic and designated by the private property owner as a public vehicular area in accordance with G.S. 20-219.4.
74. Ramp Meter. - A traffic control device that consists of a circular red and circular green display placed at a point along an interchange entrance ramp.
75. Recreational Vehicle. - A vehicular type unit primarily designed as temporary living quarters for recreational, camping, or travel use that either has its own motive power or is mounted on, or towed by, another vehicle. The basic entities are camping trailer, fifth-wheel travel trailer, motor home, travel trailer, and truck camper. This term shall not include a manufactured home as defined in G.S. 143-143.9(6). The basic entities are defined as follows:
    1. Camping trailer. - A vehicular portable unit mounted on wheels and constructed with collapsible partial side walls that fold for towing by another vehicle and unfold at the campsite to provide temporary living quarters for recreational, camping, or travel use.
    2. Fifth-wheel trailer. - A vehicular unit mounted on wheels designed to provide temporary living quarters for recreational, camping, or travel use, of a size and weight that does not require a special highway movement permit and designed to be towed by a motorized vehicle that contains a towing mechanism that is mounted above or forward of the tow vehicle's rear axle.
    3. Motor home. - As defined in G.S. 20-4.01(27)k.
    4. Travel trailer. - A vehicular unit mounted on wheels, designed to provide temporary living quarters for recreational, camping, or travel use, and of a size or weight that does not require a special highway movement permit when towed by a motorized vehicle.
    5. Truck camper. - A portable unit that is constructed to provide temporary living quarters for recreational, camping, or travel use, consisting of a roof, floor, and sides and is designed to be loaded onto and unloaded from the bed of a pickup truck.
76. Regular Drivers License. - A license to drive a commercial motor vehicle that is exempt from the commercial drivers license requirements or a noncommercial motor vehicle.
77. 1. Flood Vehicle. - A motor vehicle that has been submerged or partially submerged in water to the extent that damage to the body, engine, transmission, or differential has occurred. (33) a. Flood Vehicle. - A motor vehicle that has been submerged or partially submerged in water to the extent that damage to the body, engine, transmission, or differential has occurred.
    2. Non-U.S.A. Vehicle. - A motor vehicle manufactured outside of the United States and not intended by the manufacturer for sale in the United States.
    3. Reconstructed Vehicle. - A motor vehicle of a type required to be registered hereunder that has been materially altered from original construction due to removal, addition or substitution of new or used essential parts; and includes glider kits and custom assembled vehicles.
    4. Salvage Motor Vehicle. - Any motor vehicle damaged by collision or other occurrence to the extent that the cost of repairs to the vehicle and rendering the vehicle safe for use on the public streets and highways would exceed seventy-five percent (75%) of its fair retail market value, whether or not the motor vehicle has been declared a total loss by an insurer. Repairs shall include the cost of parts and labor. Fair market retail values shall be as found in the NADA Pricing Guide Book or other publications approved by the Commissioner.
    5. Salvage Rebuilt Vehicle. - A salvage vehicle that has been rebuilt for title and registration.
    6. Junk Vehicle. - A motor vehicle which is incapable of operation or use upon the highways and has no resale value except as a source of parts or scrap, and shall not be titled or registered.
78. Relevant Time after the Driving. - Any time after the driving in which the driver still has in his body alcohol consumed before or during the driving.
79. Reportable Crash. - A crash involving a motor vehicle that results in one or more of the following:
    1. Death or injury of a human being.
    2. Total property damage of one thousand dollars ($1,000) or more, or property damage of any amount to a vehicle seized pursuant to G. S. 20-28.3.
80. Reserve components of the Armed Forces of the United States. - The organizations listed in Title 10 United States Code, section 10101, which specifically includes the Army and Air National Guard.
81. Resident. - Any person who resides within this State for other than a temporary or transitory purpose for more than six months shall be presumed to be a resident of this State; but absence from the State for more than six months shall raise no presumption that the person is not a resident of this State.
82. Residential District. - The territory prescribed as such by ordinance of the Department of Transportation.
83. Revocation or Suspension. - Termination of a licensee's or permittee's privilege to drive or termination of the registration of a vehicle for a period of time stated in an order of revocation or suspension. The terms "revocation" or "suspension" or a combination of both terms shall be used synonymously.
84. Road Tractors. - Vehicles designed and used for drawing other vehicles upon the highway and not so constructed as to carry any part of the load, either independently or as a part of the weight of the vehicle so drawn.
85. Roadway. - That portion of a highway improved, designed, or ordinarily used for vehicular travel, exclusive of the shoulder. In the event a highway includes two or more separate roadways the term "roadway" as used herein shall refer to any such roadway separately but not to all such roadways collectively.
86. Safety Zone. - Traffic island or other space officially set aside within a highway for the exclusive use of pedestrians and which is so plainly marked or indicated by proper signs as to be plainly visible at all times while set apart as a safety zone.
87. Security Agreement. - Written agreement which reserves or creates a security interest.
88. Security Interest. - An interest in a vehicle reserved or created by agreement and which secures payments or performance of an obligation. The term includes but is not limited to the interest of a chattel mortgagee, the interest of a vendor under a conditional sales contract, the interest of a trustee under a chattel deed of trust, and the interest of a lessor under a lease intended as security. A security interest is "perfected" when it is valid against third parties generally.
89. Serious Traffic Violation. - A conviction of one of the following offenses when operating a commercial or other motor vehicle:
    1. Excessive speeding, involving a single charge of any speed 15 miles per hour or more above the posted speed limit.
    2. Careless and reckless driving.
    3. A violation of any State or local law relating to motor vehicle traffic control, other than a parking violation, arising in connection with a fatal accident.
    4. Improper or erratic lane changes.
    5. Following the vehicle ahead too closely.
    6. Driving a commercial motor vehicle without obtaining a commercial drivers license.
    7. Driving a commercial motor vehicle without a commercial drivers license in the driver's possession.
    8. Driving a commercial motor vehicle without the proper class of commercial drivers license or endorsements for the specific vehicle group being operated or for the passenger or type of cargo being transported.
    9. Unlawful use of a mobile telephone under G.S. 20-137.4A or Part 390 or Part 392 of Title 49 of the Code of Federal Regulations while operating a commercial motor vehicle.
90. Solid Tire. - Every tire of rubber or other resilient material which does not depend upon compressed air for the support of the load.
91. Specially Constructed Vehicles. - Motor vehicles required to be registered under this Chapter and that fit within one of the following categories:
    1. Replica vehicle. - A vehicle, excluding motorcycles, that when assembled replicates an earlier year, make, and model vehicle.
    2. Street rod vehicle. - A vehicle, excluding motorcycles, manufactured prior to 1949 that has been materially altered or has a body constructed from nonoriginal materials.
    3. Custom-built vehicle. - A vehicle, including motorcycles, reconstructed or assembled by a nonmanufacturer from new or used parts that has an exterior that does not replicate or resemble any other manufactured vehicle. This category also includes any motorcycle that was originally sold unassembled and manufactured from a kit or that has been materially altered or that has a body constructed from nonoriginal materials.
92. Special Mobile Equipment. - Defined in G.S. 105-164.3.
93. Specialty Vehicles. - Vehicles of a type required to be registered under this Chapter that are modified from their original construction for an educational, emergency services, or public safety use.
94. State. - A state, territory, or possession of the United States, District of Columbia, Commonwealth of Puerto Rico, a province of Canada, or the Sovereign Nation of the Eastern Band of the Cherokee Indians with tribal lands, as defined in 18 U.S.C. § 1151, located within the boundaries of the State of North Carolina. For provisions in this Chapter that apply to commercial drivers licenses, "state" means a state of the United States and the District of Columbia.
95. Street. - A highway, as defined in subdivision (13). The terms "highway" and "street" and their cognates are synonymous.
96. Supplemental restraint system. - A passive inflatable motor vehicle occupant crash protection system designed for use in conjunction with a seat belt assembly as defined in 49 C.F.R. § 571.209, and includes one or more airbags and all components required to ensure that an airbag works as designed by the vehicle manufacturer, including both of the following:
    1. The airbag operates as designed in the event of a crash.
    2. The airbag is designed in accordance with federal motor vehicle safety standards for the specific make, model, and year of the motor vehicle in which it is or will be installed.
97. Suspension. - Termination of a licensee's or permittee's privilege to drive or termination of the registration of a vehicle for a period of time stated in an order of revocation or suspension. The terms "revocation" or "suspension" or a combination of both terms shall be used synonymously.
98. Truck Tractors. - Vehicles designed and used primarily for drawing other vehicles and not so constructed as to carry any load independent of the vehicle so drawn.
99. (Effective until December 31, 2024) U-drive-it vehicles. - The following vehicles that are either rented to a person, to be operated by that person, or loaned by a franchised motor vehicle dealer, with or without charge, to a customer of that dealer who is having a vehicle serviced or repaired by the dealer:
    1. A private passenger vehicle other than the following:
       1. A private passenger vehicle of nine-passenger capacity or less that is rented for a term of one year or more.
       2. A private passenger vehicle that is rented to public school authorities for driver-training instruction.
    2. A property-hauling vehicle under 7,000 pounds that does not haul products for hire and that is rented for a term of less than one year.
    3. Motorcycles.
100. (Effective December 31, 2024) U-drive-it vehicles. - The following vehicles that are rented to a person, to be operated by that person:
     1. A private passenger vehicle other than the following:
        1. A private passenger vehicle of nine-passenger capacity or less that is rented for a term of one year or more.
        2. A private passenger vehicle that is rented to public school authorities for driver-training instruction.
     2. A property-hauling vehicle under 7,000 pounds that does not haul products for hire and that is rented for a term of less than one year.
     3. Motorcycles.
101. Under the Influence of an Impairing Substance. - The state of a person having his physical or mental faculties, or both, appreciably impaired by an impairing substance.
102. Utility Vehicle. - A motor vehicle that is (i) designed for off-road use and (ii) used for general maintenance, security, agricultural, or horticultural purposes. "Utility vehicle" does not include an all-terrain vehicle or golf cart, as defined in this section, or a riding lawn mower.
103. Vehicle. - Every device in, upon, or by which any person or property is or may be transported or drawn upon a highway, excepting devices moved by human power or used exclusively upon fixed rails or tracks; provided, that for the purposes of this Chapter bicycles and electric assisted bicycles shall be deemed vehicles and every rider of a bicycle or an electric assisted bicycle upon a highway shall be subject to the provisions of this Chapter applicable to the driver of a vehicle except those which by their nature can have no application. This term shall not include a device which is designed for and intended to be used as a means of transportation for a person with a mobility impairment, or who uses the device for mobility enhancement, is suitable for use both inside and outside a building, including on sidewalks, and is limited by design to 15 miles per hour when the device is being operated by a person with a mobility impairment, or who uses the device for mobility enhancement. This term shall not include (i) an electric personal assistive mobility device as defined in subdivision (7b) of this section or (ii) a personal delivery device as defined by this section. Unless the context requires otherwise, and except as provided under G.S. 20-109.2, 47-20.6, or 47-20.7, a manufactured home shall be deemed a vehicle.
104. Wreckers. - Vehicles with permanently attached cranes used to move other vehicles; provided, that said wreckers shall be equipped with adequate brakes for units being towed.

The results of a defendant's alcohol concentration determined by a chemical analysis of the defendant's breath or blood shall be reported to the hundredths. Any result between hundredths shall be reported to the next lower hundredth.

The terms "motor vehicle dealer," "new motor vehicle dealer," and "used motor vehicle dealer" as used in Article 12 of this Chapter have the meaning set forth in G.S. 20-286.

Where a highway includes two roadways 30 feet or more apart, then every crossing of each roadway of such divided highway by an intersecting highway shall be regarded as a separate intersection. In the event that such intersecting highway also includes two roadways 30 feet or more apart, then every crossing of two roadways of such highways shall be regarded as a separate intersection.

A conviction under former G.S. 20-140(c) is not an offense involving impaired driving.

g1. Mini-truck. - A motor vehicle designed, used, or maintained primarily for the transportation of property and having four wheels, an engine displacement of 660cc or less, an overall length of 130 inches or less, an overall height of 78 inches or less, and an overall width of 60 inches or less.

g2. Modified utility vehicle. - A motor vehicle that (i) is manufactured or upfitted by a licensed manufacturer, dealer, or person or business otherwise engaged in vehicle manufacturing or modification for off-road use with equipment required by G.S. 20-121.1(2a), except a vehicle identification number, and (ii) has four wheels, an overall length of 110 inches or greater, an overall width of 58 inches or greater, an overall height of 60 inches or greater, a maximum speed capability of 40 miles per hour or greater, and does not require an operator or passenger to straddle a seat. "Modified utility vehicle" does not include an all-terrain vehicle, golf cart, or utility vehicle, as defined in this section, or a riding lawn mower.

d. Semitrailers. - Vehicles without motive power designed for carrying property or persons and for being drawn by a motor vehicle, and so constructed that part of their weight or their load rests upon or is carried by the pulling vehicle.

e. Trailers. - Vehicles without motive power designed for carrying property or persons wholly on their own structure and to be drawn by a motor vehicle, including "pole trailers" or a pair of wheels used primarily to balance a load rather than for purposes of transportation.

f. Repealed by Session Laws 1995 (Regular Session, 1996), c. 756, s. 4.

History

(1973, c. 1330, s. 1; 1975, cc. 94, 208; c. 716, s. 5; c. 743; c. 859, s. 1; 1977, c. 313; c. 464, s. 34; 1979, c. 39; c. 423, s. 1; c. 574, ss. 1-4; c. 667, s. 1; c. 680; 1981, c. 606, s. 3; c. 792, s. 2; 1983, c. 435, s. 8; 1983 (Reg. Sess., 1984), c. 1101, ss. 1-3; 1985, c. 509, s. 6; 1987, c. 607, s. 2; c. 658, s. 1; 1987 (Reg. Sess., 1988), c. 1069; c. 1105, s. 1; c. 1112, ss. 1-3; 1989, c. 455, ss. 1, 2; c. 727, s. 219(1); c. 771, ss. 1, 18; 1991, c. 449, s. 2; c. 726, ss. 1-4; 1991 (Reg. Sess., 1992), c. 1015, s. 1; 1993 (Reg. Sess., 1994), c. 761, s. 22; 1995, c. 191, s. 1; 1995 (Reg. Sess., 1996), c. 756, ss. 2-4; 1997-379, s. 5.1; 1997-443, s. 11A.8; 1997-456, s. 27; 1998-149, s. 1; 1998-182, ss. 1, 1.1, 26; 1998-217, s. 62(e); 1999-330, s. 9; 1999-337, s. 28(c)-(e); 1999-406, s. 14; 1999-452, ss. 1-5; 2000-155, s. 9; 2000-173, s. 10(c); 2001-212, s. 2; 2001-341, ss. 1, 2; 2001-356, ss. 1, 2; 2001-441, s. 1; 2001-487, ss. 50(a), 51; 2002-72, s. 19(b); 2002-98, ss. 1-3; 2003-397, s. 1; 2005-282, s. 1; 2005-349, ss. 1-3; 2006-253, s. 8; 2007-56, s. 4; 2007-382, ss. 2, 3; 2007-455, s. 1; 2007-493, s. 1; 2008-156, s. 1; 2009-274, s. 1; 2009-405, ss. 1, 4; 2009-416, ss. 1, 2; 2010-129, s. 1; 2011-95, s. 1; 2011-206, s. 1; 2013-410, s. 47.5; 2014-58, s. 10(a), (c), (d); 2014-115, s. 28.3; 2015-125, s. 1; 2015-163, s. 1; 2015-232, s. 1.1(a); 2015-237, s. 2; 2016-59, s. 1; 2016-90, ss. 12.5(a), 13(a); 2016-94, s. 35.20(a); 2017-69, s. 2.1(a); 2017-102, s. 5.2(a), (b); 2018-27, s. 4.5(b); 2018-42, s. 3(b); 2019-34, s. 1; 2019-36, s. 1; 2019-155, s. 1; 2019-227, s. 1(a), (b); 2020-40, s. 1; 2020-51, s. 1(b); 2020-73, s. 1; 2021-33, s. 1.)

Subdivision (48a) Set Out Twice. - The first version of subdivision (48a) set out above is effective until December 31, 2024. The second version of subdivision (48a) set out above is effective December 31, 2024.

Cross References. - As to designation of an area of private property as a public vehicular area, see G.S. 20-219.4.

Editor's Note. - Subdivisions (0.1), (0.2) and (1) were redesignated as subdivisions (1a), (1b) and (1c) and the subunits of subdivision (33) were renumbered pursuant to Session Laws 1997-456, s. 27 which authorized the Revisor of Statutes to renumber or reletter sections and parts of sections having a number or letter designation that is incompatible with the General Assembly's computer database.

Subdivisions (48a) and (48b) were designated as such under the direction of the Revisor of Statutes.

Sections 20-138, 20-139, and 20-140(c), referred to in this section, were repealed by Session Laws 1983, c. 435, s. 23.

Session Laws 1999-406, s. 18, states that this act does not obligate the General Assembly to appropriate additional funds, and that this act shall be implemented with funds available or appropriated to the Department of Transportation and the Administrative Office of the Courts.

Subdivisions (5a), defining "Dedicated natural gas vehicle" and (12a), defining "Fuel cell electric vehicle" were originally enacted by Session Laws 2011-206, s. 1, as subdivisions (28b) and (28c), respectively. At the direction of the Revisor of Statutes, they were redesignated to maintain alphabetical order, and former subdivisions (5a) and (12)(a) through (12)(f) were redesignated accordingly.

Session Laws 2014-58, s. 14, made subdivision (32a), as added by Session Laws 2014-58, s. 10(a), and the renumbering of former subdivisions (32a) and (32b) as subdivisions (32b) and (32c) by Session Laws 2014-58, s. 10(c) and (d), applicable to offenses committed on or after December 1, 2014.

Session Laws 2015-125, s. 10, made the substitution of "Except as specifically provided otherwise, this term" for "This" in the second sentence of subdivision (23) of this section by Session Laws 2015-125, s. 1, applicable to offenses committed on or after July 1, 2016. Session Laws 2015-163, s. 1, which added subdivision (27)a, renumbered former subdivision (27)a as subdivision (27)a1, and inserted "autocycles" in subdivision (27)d, was effective October 1, 2015.

Session Laws 2015-163, s. 14, provides, in part: "Prosecutions for offenses committed before the effective date of this act are not abated or affected by this act, and the statutes that would be applicable but for this act remain applicable to those prosecutions." Session Laws 2015-163, s. 1, which added subdivision (27)a., renumbered former subdivision (27)a. as subdivision (27)a1., and inserted "autocycles" in subdivision (27)d., was effective October 1, 2015.

Session Laws 2015-232, s. 1.1(b), as amended by Session Laws 2018-27, s. 4.5(b) and 2018-42, s. 3(b), and by Session Laws 2020-51, s. 1(b), made the amendments to subdivision (48a) by Session Laws 2015-232, s. 1.1(a), effective August 25, 2015, and expire December 31, 2024.

Session Laws 2016-90, s. 13(j), made the amendments to this section by Session Laws 2016-90, s. 13(a), applicable to offenses committed on or after December 1, 2016.

Session Laws 2016-94, s. 35.20(h), made the amendment to subdivision (2) of this section by Session Laws 2016-94, s. 35.20(a), applicable to drivers licenses issued or renewed on or after July 1, 2016, and hearings requested on or after July 1, 2016.

The bracketed words "[The basic entities are defined as follows:]" were added at the end of the first paragraph of subdivision (32b) at the direction of the Revisor of Statutes. The omission was subsequently corrected in amendment by Session Laws 2017-102, s. 5.2(a).

Session Laws 2016-94, s. 1.2, provides: "This act shall be known as the 'Current Operations and Capital Improvements Appropriations Act of 2016.' "

Session Laws 2016-94, s. 39.4, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2016-2017 fiscal year, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2016-2017 fiscal year."

Session Laws 2016-94, s. 39.7, is a severability clause.

Session Laws 2017-102, s. 5.2(b) provides: "The Revisor of Statutes is authorized to reletter the definitions in G.S. 20-4.01(27) and G.S. 20-4.01(32b) to place them in alphabetical order. The Revisor of Statutes may conform any citations that change as a result of the relettering." Pursuant to that authority, sub-subdivisions (27)a. through h. and (32b)a. through e. were reordered to maintain alphabetical order. The reference in subdivision (32b)c. was conformed.

Session Laws 2018-27, s. 5, is a severability clause.

Session Laws 2019-36, s. 6, made subdivision (24b), as added by Session Laws 2019-36, s. 1, effective December 1, 2019, and applicable to offenses committed on or after that date.

Session Laws 2019-155, s. 4, makes the amendments to this section by Session Laws 2019-155, s. 1, effective October 1, 2019, and applicable to offenses committed on or after that date.

Session Laws 2020-73, s. 7, made the enactment of subdivision (28a), the renumbering of former subdivision (28a) as subdivision (28b), and the amendment of subdivision (49) by Session Laws 2020-73, s. 1, effective December 1, 2020, and applicable to offenses committed on or after that date.

Effect of Amendments. - Session Laws 2003-397, s. 1, effective January 1, 2005, added subdivisions (41a)f. through h.

Session Laws 2006-253, s. 8, effective December 1, 2006, and applicable to offenses committed on or after December 1, 2006, rewrote subdivisions (32) and (45).

Session Laws 2007-56, s. 4, effective May 23, 2007, and applicable to drivers licenses issued or renewed on or after that date, substituted "fraud, or to which G.S. 20-15(a)(3) applies," for "fraud" in subdivision (2).

Session Laws 2007-382, s. 2, in the first sentence of subdivision (27)d4, inserted "plainly visible" before "words" and deleted "in letters at least 8 inches in height" following "front and rear" at the end of the sentence. For effective date and applicability, see Editor's note.

Session Laws 2007-382, s. 3, in the first sentence of subdivision (27)d4, inserted "that is painted primarily yellow below the roofline." For effective date and applicability, see Editor's note.

Session Laws 2007-455, s. 1, effective December 1, 2007, inserted "gated or non-gated" and inserted "or community" twice in subdivision (32)c.

Session Laws 2007-493, s. 1, effective August 30, 2007, substituted "Any offense set forth" for "Death by vehicle" in subdivision (24a)b. For applicability provisions, see Editor's note.

Session Laws 2008-156, s. 1, effective August 3, 2008, rewrote subdivision (12c); and added the last sentence in subdivision (45).

Session Laws 2009-274, s. 1, effective July 10, 2009, and applicable to all licenses expiring on or after that date, added subdivision (33c).

Session Laws 2009-405, ss. 1 and 4, effective October 1, 2009, added subdivision (15a) and rewrote subdivision (43).

Session Laws 2009-416, ss. 1, 2, effective March 31, 2010 and applicable to offenses committed on or after that date, added subdivision (4a)b 6 and added the language following "commercial motor vehicle" in subsection (7b).

Session Laws 2010-129, s. 1, effective July 21, 2010, added subdivisions (12c) through (12e); and redesignated former subdivision (12c) as subdivision (12f), therein twice deleting "(1 October 2007 Edition)" following "Code of Federal Regulations."

Session Laws 2011-95, s. 1, effective May 26, 2011, added subdivision (28a).

Session Laws 2011-206, s. 1, effective June 23, 2011, added subdivisions (28b) and (28c).

Session Laws 2013-410, s. 47.5, effective August 23, 2013, rewrote subdivisions (1c) and (48c), which formerly read "All-Terrain Vehicle or ATV. - A motorized off-highway vehicle designed to travel on three or four low-pressure tires, having a seat designed to be straddled by the operator and handlebars for steering control" and "Utility Vehicle. - Vehicle designed and manufactured for general maintenance, security, recreational, and landscaping purposes, but does not include vehicles designed and used primarily for the transportation of persons or property on a street or highway" respectively.

Session Laws 2014-58, s. 10(a), (c), and (d), effective December 1, 2014, inserted subdivision (32a), and redesignated former subdivisions (32a) and (32b) as present subdivisions (32b) and (32c). See Editor's note for applicability.

Session Laws 2014-115, s. 28.3, effective August 11, 2014, added subdivision (41a)i.

Session Laws 2015-125, s. 1, effective July 1, 2016, substituted "Except as specifically provided otherwise, this term" for "This" in the second sentence of subdivision (23). For applicability, see editor's note.

Session Laws 2015-163, s. 1, effective October 1, 2015, added subdivision (27)a; renumbered former subdivision (27)a as subdivision (27)a1; and inserted "autocycles" in subdivision (27)d. For applicability, see editor's note.

Session Laws 2015-232, s. 1.1(a), as amended by Session Laws 2018-27, s. 4.5(b), Session Laws 2018-42, s. 3(b), and Session Laws 2020-51, s. 1(b), inserted "or loaned by a franchised motor vehicle dealer, with or without charge, to a customer of that dealer who is having a vehicle serviced or repaired by the dealer" at the end of the first paragraph of subdivision (48a). For effective date and expiration, see editor's note.

Session Laws 2015-237, s. 2, effective October 1, 2015, in subdivision (27)b, added the subdivision (27)b.1 through 7 designations, added subdivision (27)b.8, and made minor stylistic changes.

Session Laws 2016-59, s. 1, effective July 1, 2017, added the second sentence in subdivision (14); added subdivision (18a); added the third sentence in subdivision (32b); and added the last sentence in subdivision (49).

Session Laws 2016-90, s. 12.5(a), effective July 11, 2016, in subdivision (27)a., substituted "antilock brakes, completely or partially enclosed seating" for "antilock brakes, air bag protection, completely enclosed seating."

Session Laws 2016-90, s. 13(a), effective December 1, 2016, added subdivision (7a) and renumbered former subdivisions (7a) and (7b) as subdivisions (7b) and (7c) accordingly; deleted former subdivision (21a) pertaining to mopeds; in subdivision (23), substituted "mopeds or electric assisted bicycles" for "mopeds as defined in G.S. 20-4.01(27)d1"; added subdivision (27)c2.; in subdivision (27)d., substituted "agencies, electric assisted bicycles" for "agencies," "sub-subdivision d1" for "subdivision d1," and "subdivision" for "subsection"; rewrote subdivision (27)d1, and, in subdivision (49), substituted "bicycles and electric assisted bicycles shall be deemed vehicles and every rider of a bicycle or an electric assisted bicycle" for "bicycles shall be deemed vehicles and every rider of a bicycle" in the first sentence proviso, and substituted "subdivision (7b) of this section" for "G.S. 20-4.01(7a)" at the end of the last sentence. See editor's note for applicability.

Session Laws 2016-94, s. 35.20(a), effective July 1, 2016, substituted "G.S. 20-15(a)" for "G.S. 20-15(a)(3)" near the end of subdivision (2). See editor's note for applicability.

Session Laws 2017-69, s. 2.1(a), effective June 28, 2017, added subdivision (12h).

Session Laws 2017-102, s. 5.2(a), effective July 12, 2017, added "The basic entities are defined as follows" at the end of the introductory paragraph in subdivision (32b).

Session Laws 2019-34, s. 1, effective June 21, 2019, added subsection (27)g1.

Session Laws 2019-36, s. 1, added subdivision (24b). For effective date and applicability, see editor's note.

Session Laws 2019-155, s. 1, effective October 1, 2019, added subdivisions (1), (4b), (23a) and (46a); and designated former subdivision (4b) as (4c). For effective date and applicability, see editor's note.

Session Laws 2019-34, s. 1(a) and (b), effective September 27, 2019, inserted 'does not have the ability to be propelled by a gasoline engine and that' in the introductory paragraph of subdivisions (12a) and (28a).

Session Laws 2020-40, s. 1, effective October 1, 2020, added sub-subdivision (27)g2.

Session Laws 2020-73, s. 1, added subdivision (28a); renumbered former subdivision (28a) as subdivision (28b); and, in subdivision (49), added clause (ii) and made related stylistic changes. For effective date and applicability, see editor's note.

Session Laws 2021-33, s. 1, effective October 1, 2021, in subdivision (27)g2, inserted "or upfitted by a licensed manufacturer, dealer, or person or business otherwise engaged in vehicle manufacturing or modification”, substituted "G.S. 20-121.1(2a)” for "G.S. 20-121.1(2)”, deleted "an engine displacement greater than 2,400 cubic centimeters,” following "has four wheels”, substituted "110” for "142” and "60” for "70”.

Legal Periodicals. - For note discussing the definition of "driving" under the North Carolina Safe Roads Act, in light of State v. Fields, 77 N.C. App. 404, 335 S.E.2d 69 (1985), see 64 N.C.L. Rev. 127 (1986).

§ 20-4.02. (Effective July 1, 2020) Quadrennial adjustment of certain fees and rates.

1. Adjustment for Inflation. - Beginning July 1, 2020, and every four years thereafter, the Division shall adjust the fees and rates imposed pursuant to the statutes listed in this subsection for inflation in accordance with the Consumer Price Index computed by the Bureau of Labor Statistics. The adjustment for per transaction rates in subdivision (8a) of this subsection shall be rounded to the nearest cent and all other adjustments under this subsection shall be rounded to the nearest twenty-five cents (25›):
   1. G.S. 20-7.
   2. G.S. 20-11.
   3. G.S. 20-14.
   4. G.S. 20-16.
   5. G.S. 20-26.
   6. G.S. 20-37.15.
   7. G.S. 20-37.16.
   8. G.S. 20-42(b).
   9. G.S. 20-63(h), with respect to the per transaction rates set in that subsection.
   10. G.S. 20-85(a)(1) through (10).
   11. G.S. 20-85.1.
   12. G.S. 20-87, except for the additional fee set forth in G.S. 20-87(6) for private motorcycles.
   13. G.S. 20-88.
   14. G.S. 20-289.
   15. G.S. 20-385.
   16. G.S. 44A-4(b)(1).
2. Computation. - In determining the rate of inflation to use when making an adjustment pursuant to subsection (a) of this section, the Division shall base the rate on the percent change in the annual Consumer Price Index over the preceding four-year period.
3. Rules. - The provisions of Chapter 150B of the General Statutes shall not apply to the inflation adjustment required by this section.
4. Consultation and Publication. - At least 90 days prior to making an adjustment pursuant to subsection (a) of this section, and notwithstanding any provision of G.S. 12-3.1 to the contrary, the Division shall (i) consult with the Joint Legislative Commission on Governmental Operations, (ii) provide a report to the chairs of the Senate Appropriations Committee on Department of Transportation and the House of Representatives Appropriations Committee on Transportation, and (iii) publish notice of the fees that will be in effect in the offices of the Division and on the Division's Web site.
5. Effective Date. - Any adjustment to fees or rates under this section applicable to a motor vehicle sold or leased by a motor vehicle dealer, as defined in G.S. 20-286(11), is only applicable to a motor vehicle sale or lease made on or after the effective date of the fee or rate adjustment regardless of the date of submission of a title and registration application for the motor vehicle to the Division. No adjustment to fees or rates under this section applies to a motor vehicle sale or lease made prior to the effective date of the fee or rate adjustment.

History

(2015-241, s. 29.30(s); 2016-120, s. 1; 2018-42, s. 8.)

Editor's Note. - Session Laws 2015-241, s. 29.30(u), made this section effective July 1, 2020.

Session Laws 2015-241, s. 1.1, provides: "This act shall be known as 'The Current Operations and Capital Improvements Appropriations Act of 2015.'"

Session Laws 2015-241, s. 33.4, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2015-2017 fiscal biennium, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2015-2017 fiscal biennium."

Session Laws 2015-241, s. 33.6, is a severability clause.

Effect of Amendments. - Session Laws 2016-120, s. 1, effective July 28, 2016, substituted "fees and rates" for "fees" in the section heading; rewrote subsection (a); substituted "making an adjustment" for "adjusting the fees" in subsection (b); substituted "the inflation adjustment" for "the adjustment of fees" in subsection (c); and substituted "making an adjustment" for "adjusting the fees" in subsection (d).

Session Laws 2018-42, s. 8, effective June 22, 2018, added subsection (e).

§ 20-4.03. Administrative hearing fees.

1. Authorization. - The Division is authorized to charge a fee to any person who requests an administrative hearing before the Division in accordance with this Chapter.
2. Requirements for Requesting a Hearing. - Any request for an administrative hearing before the Division must be in writing and accompanied by the total applicable administrative hearing fee charged by the Division. An administrative hearing shall not be granted by the Division unless the administrative hearing request complies with the requirements of this subsection. Notwithstanding any provision of this Chapter to the contrary, any pending revocation, suspension, civil penalty assessment, or other adverse action shall not be stayed upon receipt of an administrative hearing request unless the request complies with the requirements of this subsection.
3. Report. - Beginning October 1, 2018, and quarterly thereafter, the Division shall submit a report to the Fiscal Research Division of the General Assembly detailing all of the following for each month of the applicable quarter and for each type of administrative hearing:
   1. The total number of administrative hearings.
   2. The total amount of revenue collected.
   3. The total number of fee waivers granted.
   4. The counties where the administrative hearings were held.
   5. The average amount of time required to conduct an administrative hearing, with the time required of hearing officers and the time required of administrative personnel listed separately.

History

(2017-57, s. 34.32(b); 2017-197, s. 7.3(a); 2018-5, s. 34.23(d).)

Editor's Note. - Session Laws 2014-100, s. 34.9(a), as amended by Session Laws 2017-57, s. 34.32(a), provides: "The Department of Transportation, Division of Motor Vehicles, shall develop a schedule of fees to recover the costs incurred by the Hearings Unit of the Division of Motor Vehicles for the performance of administrative hearings required by law or under rules adopted under G.S. 20-2(b). The proceeds of the fees developed in accordance with this section shall be deposited in a fund established for the Hearings Unit. Except as otherwise provided by an act of the General Assembly, the Hearings Unit shall be funded solely from the proceeds collected from the fees developed in accordance with this section. The plan and proposed schedule shall address, at a minimum, the following:

"(1) Current hearing process and recommended modifications to achieve cost efficiencies, including proposed revisions to existing laws or rules.

"(2) Historical and projected funding requirements for each category of hearing performed by the Division.

"(3) Schedule of fees and projected receipts.

"(4) Proposed processes and rules for the collection of fees and the refunding of fees for hearings initiated by the Division in which the original decision of the Division is reversed.

"(5) Implementation milestones."

Session Laws 2017-57, s. 34.32(c), provides: "The Division of Motor Vehicles may adopt temporary rules to implement the provisions of Section 34.9 of S.L. 2014-100, as amended by Section 29.30A of S.L. 2015-241 and subsection (a) of this section. Temporary rules adopted in accordance with this section shall remain in effect until permanent rules that replace the temporary rules become effective."

Session Laws 2017-57, s. 34.32(d), made this section effective January 1, 2018, and applicable to administrative hearings requested on or after that date.

Session Laws 2017-57, s. 1.1, provides: "This act shall be known as the 'Current Operations Appropriations Act of 2017.'"

Session Laws 2017-57, s. 39.6, is a severability clause.

Session Laws 2018-5, s. 34.23(a)-(c), (e), provides: "(a) Revised Budget. - The Office of State Budget and Management, in consultation with the Division of Motor Vehicles, shall adjust the Hearing Unit's certified budget for the 2018-2019 fiscal year to correctly align total requirements and receipts to reflect the requirement set forth in Section 34.9 of S.L. 2014-100, as amended by Section 29.30A of S.L. 2015-241 and Section 34.32 of S.L. 2017-57, that all functions supporting the Hearing Unit's operating budget under Fund Code 1304 be fully receipt-supported from the fee proceeds collected by the Hearings Unit.

"(b) Position Elimination. - The Division of Motor Vehicles may eliminate vacant and filled positions to achieve the requirement set forth in subsection (a) of this section. If filled positions are eliminated under this subsection, the Division of Motor Vehicles shall eliminate the positions in accordance with G.S. 126-7.1. All positions identified by the Division of Motor Vehicles for elimination under this subsection shall be eliminated by no later than October 1, 2018.

"(c) Position Elimination Report. - By October 15, 2018, the Division of Motor Vehicles shall submit a report to the Joint Legislative Transportation Oversight Committee detailing the elimination of any positions under subsection (b) of this section.

"(e) Requirement for Submission of First Hearings Report. - Notwithstanding any provision of G.S. 20-4.03(c), as enacted by subsection (d) of this section, to the contrary, the report required under G.S. 20-4.03(c) for October 1, 2018, shall include all of the information required under G.S. 20-4.03(c) for the period from January 1, 2018, through October 1, 2018."

Session Laws 2018-5, s. 1.1, provides: "This act shall be known as the 'Current Operations Appropriations Act of 2018.'"

Session Laws 2018-5, s. 39.4, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2018-2019 fiscal year, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2018-2019 fiscal year."

Session Laws 2018-5, s. 39.7, is a severability clause.

Effect of Amendments. - Session Laws 2017-197, s. 7.3(a), effective January 1, 2018, in subsection (a) substituted "any person who requests" for "individuals who request."

Session Laws 2018-5, s. 34.23(d), effective July 1, 2018, added subsection (c).

§ 20-4.1. Declaration of policy.

It is the policy of this State to promote and encourage the fullest possible use of its highway system by authorizing the making and execution of motor vehicle reciprocal registration agreements, arrangements and declarations with other states, provinces, territories and countries with respect to vehicles registered in this and such other states, provinces, territories and countries thus contributing to the economic and social development and growth of this State.

History

(1961, c. 642, s. 1.)

§ 20-4.2. Definitions.

As used in this Article:

1. "Commercial vehicle" means any vehicle which is operated in furtherance of any commercial enterprise.
2. "Commissioner" means the Commissioner of Motor Vehicles of North Carolina.
3. "Division" means the Division of Motor Vehicles of North Carolina.
4. "Jurisdiction" means and includes a state, district, territory or possession of the United States, a foreign country and a state or province of a foreign country.
5. "Properly registered," as applied to place of registration, means:
   1. The jurisdiction where the person registering the vehicle has his legal residence, or
   2. In the case of a commercial vehicle, including a leased vehicle, the jurisdiction in which it is registered if the commercial enterprise in which such vehicle is used has a place of business therein, and, if the vehicle is most frequently dispatched, garaged, serviced, maintained, operated or otherwise controlled in or from such place of business, and, the vehicle has been assigned to such place of business, or
   3. In the case of a commercial vehicle, including leased vehicles, the jurisdiction where, because of an agreement or arrangement between two or more jurisdictions, or pursuant to a declaration, the vehicle has been registered as required by said jurisdiction.
   4. In case of doubt or dispute as to the proper place of registration of a vehicle, the Division shall make the final determination, but in making such determination, may confer with departments of the other jurisdictions affected.

History

(1961, c. 642, s. 1; 1975, c. 716, s. 5; 1979, c. 470, s. 2.)

§ 20-4.3. Commissioner may make reciprocity agreements, arrangements or declarations.

The Commissioner of Motor Vehicles shall have the authority to execute or make agreements, arrangements or declarations to carry out the provisions of this Article.

History

(1961, c. 642, s. 1.)

§ 20-4.4. Authority for reciprocity agreements; provisions; reciprocity standards.

1. The Commissioner may enter into an agreement or arrangement for interstate or intrastate operations with the duly authorized representatives of another jurisdiction, granting to vehicles or to owners of vehicles which are properly registered or licensed in such jurisdiction and for which evidence of compliance is supplied, benefits, privileges and exemptions from the payment, wholly or partially, of any taxes, fees, or other charges imposed upon such vehicles or owners with respect to the operation or ownership of such vehicles under the laws of this State. Such an agreement or arrangement shall provide that vehicles properly registered or licensed in this State when operated upon highways of such other jurisdiction shall receive exemptions, benefits and privileges of a similar kind or to a similar degree as are extended to vehicles properly registered or licensed in such jurisdiction when operated in this State. Each such agreement or arrangement shall, in the judgment of the Commissioner, be in the best interest of this State and the citizens thereof and shall be fair and equitable to this State and the citizens thereof, and all of the same shall be determined on the basis and recognition of the benefits which accrue to the economy of this State from the uninterrupted flow of commerce.
2. When the Commissioner enters into a reciprocal registration agreement or arrangement with another jurisdiction which has a motor vehicle tax, license or fee which is not subject to waiver by a reciprocity agreement, the Commissioner is empowered and authorized to provide as a condition of the agreement or arrangement that owners of vehicles licensed in such other jurisdiction shall pay some equalizing tax or fee to the Division. The failure of any owner or operator of a vehicle to pay the taxes or fees provided in the agreement or arrangement shall prohibit them from receiving any benefits therefrom and they shall be required to register their vehicles and pay taxes as if there was no agreement or arrangement.

History

(1961, c. 642, s. 1; 1971, c. 588; 1975, c. 716, s. 5.)

§ 20-4.5. Base-state registration reciprocity.

An agreement or arrangement entered into, or a declaration issued under the authority of this Article may contain provisions authorizing the registration or licensing in another jurisdiction of vehicles located in or operated from a base in such other jurisdiction which vehicles otherwise would be required to be registered or licensed in some other state; and in such event the exemptions, benefits and privileges extended by such agreement, arrangement or declaration shall apply to such vehicles, when properly licensed or registered in such base jurisdiction.

History

(1961, c. 642, s. 1.)

§ 20-4.6: Repealed by Session Laws 1997-122, s. 1.

§ 20-4.7. Extension of reciprocal privileges to lessees authorized.

An agreement or arrangement entered into, or a declaration issued under the authority of this Article, may contain provisions under which a leased vehicle properly registered by the lessor thereof may be entitled, subject to terms and conditions stated therein, to the exemptions, benefits and privileges extended by such agreement, arrangement or declaration.

History

(1961, c. 642, s. 1.)

§ 20-4.8. Automatic reciprocity, when.

On and after July 1, 1961, if no agreement, arrangement or declaration is in effect with respect to another jurisdiction as authorized by this Article, any vehicle properly registered or licensed in such other jurisdiction and for which evidence of compliance supplied shall receive, when operated in this State, the same exemptions, benefits and privileges granted by such other jurisdiction to vehicles properly registered in this State. Reciprocity extended under this section shall apply to commercial vehicles only when engaged exclusively in interstate operations.

History

(1961, c. 642, s. 1.)

§ 20-4.9. Suspension of reciprocity benefits.

Agreements, arrangements or declarations made under the authority of this Article may include provisions authorizing the Division to suspend or cancel the exemptions, benefits or privileges granted thereunder to a vehicle which is in violation of any of the conditions or terms of such agreements, arrangements or declarations or is in violation of the laws of this State relating to motor vehicles or rules and regulations lawfully promulgated thereunder.

History

(1961, c. 642, s. 1; 1975, c. 716, s. 5.)

§ 20-4.10. Agreements to be written, filed and available for distribution.

All agreements, arrangements or declarations or amendments thereto shall be in writing and shall be filed in the office of the Commissioner. Copies thereof shall be made available by the Commissioner upon request and upon payment of a fee therefor in an amount necessary to defray the costs of reproduction thereof.

History

(1961, c. 642, s. 1.)

§ 20-4.11. Reciprocity agreements in effect at time of Article.

All reciprocity registration agreements, arrangements and declarations relating to vehicles in force and effect July 1, 1961, shall continue in force and effect until specifically amended or revoked as provided by law or by such agreements or arrangements.

History

(1961, c. 642, s. 1.)

§ 20-4.12. Article part of and supplemental to motor vehicle registration law.

This Article shall be, and construed as, a part of and supplemental to the motor vehicle registration law of this State.

History

(1961, c. 642, s. 1.)

§§ 20-4.13 through 20-4.17: Reserved for future codification purposes.

§ 20-4.18. Definitions.

Unless the context otherwise requires, the following words and phrases, for the purpose of this Article, shall have the following meanings:

1. Citation. - Any citation, summons, ticket, or other document issued by a law-enforcement officer for the violation of a traffic law, ordinance, rule or regulation.
2. Collateral or Bond. - Any cash or other security deposited to secure an appearance following a citation by a law-enforcement officer.
3. Repealed by Session Laws 1979, c. 667, s. 2.
4. Nonresident. - A person who holds a license issued by a reciprocating state.
5. Personal Recognizance. - An agreement by a nonresident to comply with the terms of the citation issued to the nonresident.
6. Reciprocating State. - Any state or other jurisdiction which extends by its laws to residents of North Carolina substantially the rights and privileges provided by this Article.
7. State. - The State of North Carolina.

History

(1973, c. 736; 1979, c. 667, s. 2; 1981, c. 508; 1999-452, s. 6.)

§ 20-4.19. Issuance of citation to nonresident; officer to report noncompliance.

1. Notwithstanding other provisions of this Chapter, a law-enforcement officer observing a violation of this Chapter or other traffic regulation by a nonresident shall issue a citation as appropriate and shall not, subject to the provisions of subsection (b) of this section, require such nonresident to post collateral or bond to secure appearance for trial, but shall accept such nonresident's personal recognizance; provided, however, that the nonresident shall have the right upon request to post collateral or bond in a manner provided by law and in such case the provisions of this Article shall not apply.
2. A nonresident may be required to post collateral or bond to secure appearance for trial if the offense is one which would result in the suspension or revocation of a person's license under the laws of this State.
3. Upon the failure of the nonresident to comply with the citation, the clerk of court shall report the noncompliance to the Division. The report of noncompliance shall clearly identify the nonresident; describe the violation, specifying the section of the statute, code, or ordinance violated; indicate the location and date of offense; and identify the vehicle involved.

History

(1973, c. 736; 1975, c. 716, s. 5; 1991, c. 682, s. 1; 1999-452, s. 7.)

§ 20-4.20. Division to transmit report to reciprocating state; suspension of license for noncompliance with citation issued by reciprocating state.

1. Upon receipt of a report of noncompliance, the Division shall transmit a certified copy of such report to the official in charge of the issuance of licenses in the reciprocating state in which the nonresident resides or by which he is licensed.
2. When the licensing authority of a reciprocating state reports that a person holding a North Carolina license has failed to comply with a citation issued in such state, the Commissioner shall forthwith suspend such person's license. The order of suspension shall indicate the reason for the order, and shall notify the person that his license shall remain suspended until he has furnished evidence satisfactory to the Commissioner that he has complied with the terms of the citation which was the basis for the suspension order by appearing before the tribunal to which he was cited and complying with any order entered by said tribunal.
3. A copy of any suspension order issued hereunder may be furnished to the licensing authority of the reciprocating state.
4. The Commissioner shall maintain a current listing of reciprocating states hereunder. Such lists shall from time to time be disseminated among the appropriate departments, divisions, bureaus, and agencies of this State; the principal law-enforcement officers of the several counties, cities, and towns of this State; and the licensing authorities in reciprocating states.
5. The Commissioner shall have the authority to execute or make agreements, arrangements, or declarations to carry out the provisions of this Article.

History

(1973, c. 736; 1975, c. 716, s. 5; 1979, c. 104.)

§ 20-4.21. Title of Article.

This Article is the Drivers License Compact and may be cited by that name.

History

(1993, c. 533, s. 1.)

§ 20-4.22. Commissioner may make reciprocity agreements, arrangements, or declarations.

The Commissioner may execute or make agreements, arrangements, or declarations to implement this Article.

History

(1993, c. 533, s. 1.)

§ 20-4.23. Legislative findings and policy.

1. Findings. - The General Assembly and the states that are members of the Drivers License Compact find that:
   1. The safety of their streets and highways is materially affected by the degree of compliance with state laws and local ordinances relating to the operation of motor vehicles.
   2. The violation of a law or an ordinance relating to the operation of a motor vehicle is evidence that the violator engages in conduct that is likely to endanger the safety of persons and property.
   3. The continuance in force of a license to drive is predicated upon compliance with laws and ordinances relating to the operation of motor vehicles in whichever jurisdiction the vehicle is operated.
2. Policy. - It is the policy of the General Assembly and of each of the states that is a member of the Drivers License Compact to:
   1. Promote compliance with the laws, ordinances, and administrative rules and regulations of a member state relating to the operation of motor vehicles.
   2. Make the reciprocal recognition of licenses to drive and the eligibility for a license to drive more just and equitable by making consideration of overall compliance with motor vehicle laws, ordinances, and administrative rules and regulations a condition precedent to the continuance or issuance of any license that authorizes the holder of the license to operate a motor vehicle in a member state.

History

(1993, c. 533, s. 1.)

§ 20-4.24. Reports of convictions; effect of reports.

1. Reports. - A state that is a member of the Drivers License Compact shall report to another member state of the compact a conviction for any of the following:
   1. Manslaughter or negligent homicide resulting from the operation of a motor vehicle.
   2. Driving a motor vehicle while impaired.
   3. A felony in the commission of which a motor vehicle was used.
   4. Failure to stop and render aid in the event of a motor vehicle accident resulting in the death or personal injury of another.
2. Effect. - A state that is a member of the Drivers License Compact shall treat a report of a conviction received from another member state of the compact as a report of the conduct that resulted in the conviction. For a conviction required to be reported under subsection (a), a member state shall give the same effect to the report as if the conviction had occurred in that state. For a conviction that is not required to be reported under subsection (a), a member state shall give the effect to the report that is required by the laws of that state. G.S. 20-23 governs the effect in this State of convictions that are not required to be reported under subsection (a).

If the laws of a member state do not describe the listed violations in precisely the words used in this subsection, the member state shall construe the descriptions to apply to offenses of the member state that are substantially similar to the ones described.

A state that is a member of the Drivers License Compact shall report to another member state of the compact a conviction for any other offense or any other information concerning convictions that the member states agree to report.

History

(1993, c. 533, s. 1.)

§ 20-4.25. Review of license status in other states upon application for license in member state.

Upon application for a license to drive, the licensing authority of a state that is a member of the Drivers License Compact must determine if the applicant has ever held, or currently holds, a license to drive issued by another member state. The licensing authority of the member state where the application is made may not issue the applicant a license to drive if:

1. The applicant has held a license, but it has been revoked for a violation and the revocation period has not ended. If the revocation period is for more than one year and it has been at least one year since the license was revoked, the licensing authority may allow the applicant to apply for a new license if the laws of the licensing authority's state permit the application.
2. The applicant currently holds a license to drive issued by another member state and does not surrender that license.

History

(1993, c. 533, s. 1.)

§ 20-4.26. Effect on other laws or agreements.

Except as expressly required by the provisions of this Article, this Article does not affect the right of a member state to the Drivers License Compact to apply any of its other laws relating to licenses to drive to any person or circumstance, nor does it invalidate or prevent any driver license agreement or other cooperative arrangement between a member state and a state that is not a member.

History

(1993, c. 533, s. 1.)

§ 20-4.27. Effect on other State driver license laws.

To the extent that this Article conflicts with general driver licensing provisions in this Chapter, this Article prevails. Where this Article is silent, the general driver licensing provisions apply.

History

(1993, c. 533, s. 1.)

§ 20-4.28. Administration and exchange of information.

The head of the licensing authority of each member state is the administrator of the Drivers License Compact for that state. The administrators, acting jointly, have the power to formulate all necessary procedures for the exchange of information under this compact. The administrator of each member state shall furnish to the administrator of each other member state any information or documents reasonably necessary to facilitate the administration of this compact.

History

(1993, c. 533, s. 1.)

§ 20-4.29. Withdrawal from Drivers License Compact.

A member state may withdraw from the Drivers License Compact. A withdrawal may not become effective until at least six months after the heads of all other member states have received notice of the withdrawal. Withdrawal does not affect the validity or applicability by the licensing authorities of states remaining members of the compact of a report of a conviction occurring prior to the withdrawal.

History

(1993, c. 533, s. 1.)

§ 20-4.30. Construction and severability.

This Article shall be liberally construed to effectuate its purposes. The provisions of this Article are severable; if any part of this Article is declared to be invalid by a court, the invalidity does not affect other parts of this Article that can be given effect without the invalid provision. If the Drivers License Compact is declared invalid by a court in a member state, the compact remains in full force and effect in the remaining member states and in full force and effect for all severable matters in that member state.

History

(1993, c. 533, s. 1.)

§ 20-5. Title of Article.

This Article may be cited as the Uniform Driver's License Act.

History

(1935, c. 52, s. 31.)

§ 20-7. Issuance and renewal of drivers licenses.

1. License Required. - To drive a motor vehicle on a highway, a person must be licensed by the Division under this Article or Article 2C of this Chapter to drive the vehicle and must carry the license while driving the vehicle. The Division issues regular drivers licenses under this Article and issues commercial drivers licenses under Article 2C.
   1. Class A. - A Class A license authorizes the holder to drive any of the following:
      1. A Class A motor vehicle that is exempt under G.S. 20-37.16 from the commercial drivers license requirements.
      2. A Class A motor vehicle that has a combined GVWR of less than 26,001 pounds and includes as part of the combination a towed unit that has a GVWR of at least 10,001 pounds.
   2. Class B. - A Class B license authorizes the holder to drive any Class B motor vehicle that is exempt under G.S. 20-37.16 from the commercial drivers license requirements.
   3. Class C. - A Class C license authorizes the holder to drive any of the following:
      1. A Class C motor vehicle that is not a commercial motor vehicle.
      2. When operated by a volunteer member of a fire department, a rescue squad, or an emergency medical service (EMS) in the performance of duty, a Class A or Class B fire-fighting, rescue, or EMS motor vehicle or a combination of these vehicles.
      3. A combination of noncommercial motor vehicles that have a GVWR of more than 10,000 pounds but less than 26,001 pounds. This sub-subdivision does not apply to a Class C license holder less than 18 years of age.
2. Motorcycles and Mopeds. - To drive a motorcycle, a person shall have one of the following:
   1. A full provisional license with a motorcycle learner's permit.
   2. A regular drivers license with a motorcycle learner's permit.
   3. A full provisional license with a motorcycle endorsement.
   4. A regular drivers license with a motorcycle endorsement.
3. Motorcycle Learner's Permit. - The following persons are eligible for a motorcycle learner's permit:
   1. A person who is at least 16 years old but less than 18 years old and has a full provisional license issued by the Division.
   2. A person who is at least 18 years old and has a license issued by the Division.
4. Autocycles. - For purposes of this section, the term "motorcycle" shall not include autocycles. To drive an autocycle, a person shall have a regular drivers license.
5. Repealed by Session Laws 1993, c. 368, s. 1, c. 533, s. 12.
6. Application. - To obtain an identification card, learners permit, or drivers license from the Division, a person shall complete an application form provided by the Division, present at least two forms of identification approved by the Commissioner, be a resident of this State, and, except for an identification card, demonstrate his or her physical and mental ability to drive safely a motor vehicle included in the class of license for which the person has applied. At least one of the forms of identification shall indicate the applicant's residence address. The Division may copy the identification presented or hold it for a brief period of time to verify its authenticity. To obtain an endorsement, a person shall demonstrate his or her physical and mental ability to drive safely the type of motor vehicle for which the endorsement is required.
   1. The applicant's full name.
   2. The applicant's mailing address and residence address.
   3. A physical description of the applicant, including the applicant's sex, height, eye color, and hair color.
   4. The applicant's date of birth.
   5. The applicant's valid social security number.
   6. The applicant's signature.
7. Disclosure of Social Security Number. - The social security number of an applicant is not a public record. The Division may not disclose an applicant's social security number except as allowed under federal law. A violation of the disclosure restrictions is punishable as provided in 42 U.S.C. § 408, and amendments to that law.
   1. For the purpose of administering the drivers license laws.
   2. To the Department of Health and Human Services, Child Support Enforcement Program for the purpose of establishing paternity or child support or enforcing a child support order.
   3. To the Department of Revenue for the purpose of verifying taxpayer identity.
   4. To the Office of Indigent Defense Services of the Judicial Department for the purpose of verifying the identity of a represented client and enforcing a court order to pay for the legal services rendered.
   5. To each county jury commission for the purpose of verifying the identity of deceased persons whose names should be removed from jury lists.
   6. To the State Chief Information Officer for the purposes of G.S. 143B-1385.
   7. To the Department of Commerce, Division of Employment Security, for the purpose of verifying employer and claimant identity.
   8. To the Judicial Department for the purpose of administering the criminal and motor vehicle laws.
8. The Division shall adopt rules implementing the provisions of subsection (b1) of this section with respect to proof of residency in this State. Those rules shall ensure that applicants submit verified or verifiable residency and address information that can be reasonably considered to be valid and that is provided on any of the following:
   1. A document issued by an agency of the United States or by the government of another nation.
   2. A document issued by another state.
   3. A document issued by the State of North Carolina, or a political subdivision of this State. This includes an agency or instrumentality of this State.
   4. A preprinted bank or other corporate statement.
   5. A preprinted business letterhead.
   6. Any other document deemed reliable by the Division.
9. Examples of documents that are reasonably reliable indicators of residency include, but are not limited to, any of the following:
   1. A pay stub with the payee's address.
   2. A utility bill showing the address of the applicant-payor.
   3. A contract for an apartment, house, modular unit, or manufactured home with a North Carolina address signed by the applicant.
   4. A receipt for personal property taxes paid.
   5. A receipt for real property taxes paid to a North Carolina locality.
   6. A current automobile insurance policy issued to the applicant and showing the applicant's address.
   7. A monthly or quarterly financial statement from a North Carolina regulated financial institution.
   8. , (9) Repealed by Session Laws 2015-294, s. 12, effective October 1, 2015, and applicable to contracts entered into on or after that date.
10. The Division rules adopted pursuant to subsection (b3) of this section shall also provide that if an applicant cannot produce any documentation specified in subsection (b3) or (b4) of this section, the applicant, or in the case of a minor applicant a parent or legal guardian of the applicant, may complete an affidavit, on a form provided by the Division and sworn to before an official of the Division, indicating the applicant's current residence address. The affidavit shall contain the provisions of G.S. 20-15(a) and G.S. 20-17(a)(5) and shall indicate the civil and criminal penalties for completing a false affidavit.
11. Tests. - To demonstrate physical and mental ability, a person must pass an examination. The examination may include road tests, vision tests, oral tests, and, in the case of literate applicants, written tests, as the Division may require. The tests must ensure that an applicant recognizes the handicapped international symbol of access, as defined in G.S. 20-37.5. The Division may not require a person who applies to renew a license that has not expired to take a written test or a road test unless one or more of the following applies:
    1. The person has been convicted of a traffic violation since the person's license was last issued.
    2. The applicant suffers from a mental or physical condition that impairs the person's ability to drive a motor vehicle.
12. Insurance. - The Division may not issue a drivers license to a person until the person has furnished proof of financial responsibility. Proof of financial responsibility shall be in one of the following forms:
    1. A written certificate or electronically-transmitted facsimile thereof from any insurance carrier duly authorized to do business in this State certifying that there is in effect a nonfleet private passenger motor vehicle liability policy for the benefit of the person required to furnish proof of financial responsibility. The certificate or facsimile shall state the effective date and expiration date of the nonfleet private passenger motor vehicle liability policy and shall state the date that the certificate or facsimile is issued. The certificate or facsimile shall remain effective proof of financial responsibility for a period of 30 consecutive days following the date the certificate or facsimile is issued but shall not in and of itself constitute a binder or policy of insurance.
    2. A binder for or policy of nonfleet private passenger motor vehicle liability insurance under which the applicant is insured, provided that the binder or policy states the effective date and expiration date of the nonfleet private passenger motor vehicle liability policy.
13. Repealed by Session Laws 1993, c. 368, s. 1.
14. Restrictions. - The Division may impose any restriction it finds advisable on a drivers license. It is unlawful for the holder of a restricted license to operate a motor vehicle without complying with the restriction and is the equivalent of operating a motor vehicle without a license. If any applicant shall suffer from any physical or mental disability or disease that affects his or her operation of a motor vehicle, the Division may require to be filed with it a certificate of the applicant's condition signed by a medical authority of the applicant's community designated by the Division. The Division may, in its discretion, require the certificate to be completed and submitted after a license or renewal has been issued based on the applicant's performance during a road test administered by the Division. Upon submission, the certificate shall be reviewed in accordance with the procedure set forth in G.S. 20-9(g)(3). This certificate shall in all cases be treated as confidential and subject to release under G.S. 20-9(g)(4)h. Nothing in this subsection shall be construed to prevent the Division from refusing to issue a license, either restricted or unrestricted, to any person deemed to be incapable of safely operating a motor vehicle based on information observed or received by the Division, including observations during a road test and medical information submitted about the applicant. An applicant may seek review pursuant to G.S. 20-9(g)(4) of a licensing decision made on the basis of a physical or mental disability or disease. This subsection does not prohibit deaf persons from operating motor vehicles who in every other way meet the requirements of this section.
15. Duration and Renewal of Licenses. - Drivers licenses shall be issued and renewed pursuant to the provisions of this subsection:
    1. Duration of license for persons under age 18. - A full provisional license issued to a person under the age of 18 expires 60 days following the person's twenty-first birthday.
    2. Duration of original license for persons at least 18 years of age or older. - A drivers license issued to a person at least 18 years old but less than 66 years old expires on the birthday of the licensee in the eighth year after issuance. A drivers license issued to a person at least 66 years old expires on the birthday of the licensee in the fifth year after issuance. A commercial drivers license expires on the birthday of the licensee in the fifth year after issuance. A commercial drivers license that has a vehicles carrying passengers (P) and school bus (S) endorsement issued pursuant to G.S. 20-37.16 expires on the birthday of the licensee in the third year after issuance, if the licensee is certified to drive a school bus in North Carolina.
    3. Duration of renewed licenses. - A renewed drivers license that was issued by the Division to a person at least 18 years old but less than 66 years old expires eight years after the expiration date of the license that is renewed. A renewed drivers license that was issued by the Division to a person at least 66 years old expires five years after the expiration date of the license that is renewed. A renewed commercial drivers license expires five years after the expiration date of the license that is renewed.
    4. Duration of license for certain other drivers. - The durations listed in subdivisions (1), (2) and (2a) of this subsection are valid unless the Division determines that a license of shorter duration should be issued when the applicant holds valid documentation issued by, or under the authority of, the United States government that demonstrates the applicant's legal presence of limited duration in the United States. In no event shall a license of limited duration expire later than the expiration of the authorization for the applicant's legal presence in the United States. A drivers license issued to an H-2A worker expires three years after the date of issuance of the H-2A worker's visa; provided, if at any time during that three-year period an H-2A worker's visa duration is not extended by United States Citizenship and Immigration Services, the license expires on the date the H-2A worker's visa expires. For purposes of this subdivision, the term "H-2A worker" means a foreign worker who holds a valid H-2A visa pursuant to the Immigration and Nationality Act (8 U.S.C. § 1101(a)(15)(H)(ii)(a)) and who is legally residing in this State.
    5. When to renew. - A person may apply to the Division to renew a license during the 180-day period before the license expires. The Division may not accept an application for renewal made before the 180-day period begins.
    6. Renewal for certain members of the Armed Forces of the United States and reserve components of the Armed Forces of the United States.
       1. The Division may renew a drivers license, without limitation on the period of time before the license expires, if the person applying for renewal is a member of the Armed Forces of the United States or of a reserve component of the Armed Forces of the United States and provides orders that place the member on active duty and duty station outside this State.
       2. A person who is a member of a reserve component of the Armed Forces of the United States whose license bears an expiration date that occurred while the person was on active duty outside this State shall be considered to have a valid license until 60 days after the date of release from active duty upon showing proof of the release date, unless the license was rescinded, revoked, or otherwise invalidated under some other provision of law. Notwithstanding the provisions of this sub-subdivision, no license shall be considered valid more than 18 months after the date of expiration.
    7. Renewal by mail. - The Division may renew by mail a drivers license issued by the Division to a person who meets any of the following descriptions:
       1. Is a member of the Armed Forces of the United States or a reserve component of the Armed Forces of the United States serving on active duty and is stationed outside this State.
       2. Is a resident of this State and has been residing outside the State for at least 30 continuous days.
    8. License to be sent by mail. - The Division shall issue to the applicant a temporary driving certificate valid for 60 days, unless the applicant is applying for renewal by mail under subdivision (4) of this subsection. The temporary driving certificate shall be valid for driving purposes and shall not be valid for identification purposes, except when conducting business with the Division and not otherwise prohibited by federal law. The Division shall produce the applicant's drivers license at a central location and send it to the applicant by first-class mail at the residence address provided by the applicant, unless the applicant is ineligible for mail delivery by the United States Postal Service at the applicant's residence. If the United States Postal Service documents that it does not deliver to the residential address provided by the applicant, and the Division has verified the applicant's residential address by other means, the Division may mail the drivers license to the post office box provided by the applicant. Applicants whose only mailing address prior to July 1, 2008, was a post office box in this State may continue to receive their license at that post office box, provided the applicant's residential address has been verified by the Division.
    9. Remote renewal or conversion. - Subject to the following requirements and limitations, the Division may offer remote renewal of a drivers license or remote conversion of a full provisional license issued by the Division:
       1. Requirements. - To be eligible for remote renewal or conversion under this subdivision, a person must meet all of the following requirements:
          1. The license holder possesses either (i) a valid Class C drivers license or (ii) a valid full provisional license and is at least 18 years old at the time of the remote conversion.
          2. The license holder's current license includes no restrictions other than a restriction for corrective lenses.
          3. The license holder attests, in a manner designated by the Division, that (i) the license holder is a resident of the State and currently resides at the address on the license to be renewed or converted, (ii) the license holder's name as it appears on the license to be renewed or converted has not changed, and (iii) all other information required by the Division for an in-person renewal under this Article has been provided completely and truthfully. If the license holder does not currently reside at the address on the license to be renewed or converted, the license holder may comply with the address requirement of this sub-sub-subdivision by providing the address at which the license holder resides at the time of the remote renewal or conversion request.
          4. For a remote renewal, the most recent renewal was an in-person renewal and not a remote renewal under this subdivision.
          5. The license holder is otherwise eligible for renewal or conversion under this subsection.
       2. Waiver of requirements. - When renewing or converting a drivers license pursuant to this subdivision, the Division may waive the examination and photograph that would otherwise be required for the renewal or conversion.
       3. Duration of remote renewal or conversion. - A drivers license issued to a person by remote renewal or conversion under this subdivision expires according to the following schedule:
          1. For a person at least 18 years old but less than 66 years old, on the birthday of the licensee in the eighth year after issuance.
          2. For a person at least 66 years old, on the birthday of the licensee in the fifth year after issuance.
       4. Rules. - The Division shall adopt rules to implement this subdivision.
       5. Federal law. - Nothing in this subdivision shall be construed to supersede any more restrictive provisions for renewal or conversion of drivers licenses prescribed by federal law or regulation.
       6. Definition. - For purposes of this subdivision, "remote renewal or conversion" means renewal of a drivers license or conversion of a full provisional license by mail, telephone, electronic device, or other secure means approved by the Commissioner.
    10. (Effective October 1, 2021) Remote conversion for active duty military. - The Division shall offer remote conversion to the holder of a full provisional license issued under G.S. 20-11 to a resident of this State if the provisional license holder is deployed out-of-state as a member of the Armed Forces of the United States. The Division shall adopt rules to implement this subdivision.
16. Repealed by Session Laws 1979, c. 667, s. 6.
17. Repealed by Session Laws 1979, c. 113, s. 1.
18. Fees. - The fee for a regular drivers license is the amount set in the following table multiplied by the number of years in the period for which the license is issued:
19. Restoration Fee. - Any person whose drivers license has been revoked pursuant to the provisions of this Chapter, other than G.S. 20-17(a)(2) shall pay a restoration fee of sixty five dollars ($65.00). A person whose drivers license has been revoked under G.S. 20-17(a)(2) shall pay a restoration fee of one hundred thirty dollars ($130.00). The fee shall be paid to the Division prior to the issuance to such person of a new drivers license or the restoration of the drivers license. The restoration fee shall be paid to the Division in addition to any and all fees which may be provided by law. This restoration fee shall not be required from any licensee whose license was revoked or voluntarily surrendered for medical or health reasons whether or not a medical evaluation was conducted pursuant to this Chapter. The sixty five dollar ($65.00) fee, and the first one hundred five dollars ($105.00) of the one hundred thirty dollar ($130.00) fee, shall be deposited in the Highway Fund. Twenty five dollars ($25.00) of the one hundred thirty dollar ($130.00) fee shall be used to fund a statewide chemical alcohol testing program administered by the Forensic Tests for Alcohol Branch of the Chronic Disease and Injury Section of the Department of Health and Human Services. Notwithstanding any other provision of law, a restoration fee assessed pursuant to this subsection may be waived by the Division when (i) the restoration fee remains unpaid for more than 10 years from the date of assessment and (ii) the person responsible for payment of the restoration fee has been issued a drivers license by the Division after the effective date of the revocation for which the restoration fee is owed. The Office of State Budget and Management shall annually report to the General Assembly the amount of fees deposited in the General Fund and transferred to the Forensic Tests for Alcohol Branch of the Chronic Disease and Injury Section of the Department of Health and Human Services under this subsection.
20. Highway Fund. - The fees collected under this section and G.S. 20-14 shall be placed in the Highway Fund.
21. [Maintenance of Organ Donor Registry Internet Site.] The Division of Motor Vehicles shall retain a portion of five cents ($0.05) collected for the issuance of each drivers license and duplicate license to offset the actual cost of developing and maintaining the online Organ Donor Internet site established pursuant to G.S. 20-43.2. The remainder of the five cents ($0.05) shall be credited to the License to Give Trust Fund established under G.S. 20-7.4 and shall be used for the purposes authorized under G.S. 20-7.4 and G.S. 20-7.5.
22. Repealed by Session Laws 1991, c. 726, s. 5.
23. Learner's Permit. - A person who is at least 18 years old may obtain a learner's permit. A learner's permit authorizes the permit holder to drive a specified type or class of motor vehicle while in possession of the permit. A learner's permit is valid for a period of 18 months after it is issued. The fee for a learner's permit is twenty dollars ($20.00). A learner's permit may be renewed, or a second learner's permit may be issued, for an additional period of 18 months. The permit holder must, while operating a motor vehicle over the highways, be accompanied by a person who is licensed to operate the motor vehicle being driven and is seated beside the permit holder.
24. Instruction Permit. - The Division upon receiving proper application may in its discretion issue a restricted instruction permit effective for a school year or a lesser period to any of the following applicants:
    1. An applicant who is less than 18 years old and is enrolled in a drivers education program that is approved by the State Superintendent of Public Instruction and is offered at a public high school, a nonpublic secondary school, or a licensed drivers training school.
    2. A restricted instruction permit authorizes the holder of the permit to drive a specified type or class of motor vehicle when in possession of the permit, subject to any restrictions imposed by the Division. The restrictions the Division may impose on a permit include restrictions to designated areas and highways and restrictions prohibiting operation except when an approved instructor is occupying a seat beside the permittee. A restricted instruction permit is not required to have a distinguishing number or a picture of the person to whom the permit is issued.
25. Format. - A drivers license issued by the Division must be tamperproof and must contain all of the following information:
    1. An identification of this State as the issuer of the license.
    2. The license holder's full name.
    3. The license holder's residence address.
    4. A color photograph of the license holder applied to material that is measured by the industry standard of security and durability and is resistant to tampering and reproduction.
    5. A physical description of the license holder, including sex, height, eye color, and hair color.
    6. The license holder's date of birth.
    7. An identifying number for the license holder assigned by the Division. The identifying number may not be the license holder's social security number.
    8. Each class of motor vehicle the license holder is authorized to drive and any endorsements or restrictions that apply.
    9. The license holder's signature.
    10. The date the license was issued and the date the license expires.
26. Repealed by Session Laws 1991, c. 726, s. 5.
27. The Division must give the clerk of superior court in each county at least 50 copies of the driver license handbook free of charge. The clerk must give a copy to a person who requests it.
28. Active Duty Military Designation. - The Division shall develop a military designation for drivers licenses that may, upon request, be granted to North Carolina residents on active duty and to their spouses and dependent children. A drivers license with a military designation on it may be renewed by mail no more than two times during the license holder's lifetime. A license renewed by mail under this subsection is a permanent license and does not expire when the license holder returns to the State. A drivers license with a military designation on it issued to a person on active duty may be renewed up to one year prior to its expiration upon presentation of military or Department of Defense credentials.
29. Veteran Military Designation. - The Division shall develop a military designation for drivers licenses and identification cards that may, upon request, be granted to North Carolina residents who are honorably discharged from military service in the Armed Forces of the United States. An applicant requesting this designation must produce a Form DD-214 showing the applicant has been honorably discharged from the Armed Forces of the United States.
30. Deaf or Hard of Hearing Designation. - The Division shall develop, in consultation with the Department of Public Safety, the State Highway Patrol, the Division of Services for the Deaf and Hard of Hearing, and pursuant to this subsection, a drivers license designation that may, upon request, be granted to a person who is deaf or hard of hearing. The Division shall comply with the following requirements applicable to the designation:
    1. At the request of a person who is deaf or hard of hearing, the Division shall place a unique symbol on the front of the person's license. The unique symbol placed on the license shall not include any further descriptor. The Division shall record the designation in the electronic record associated with the person's drivers license.
    2. At the request of a person who is deaf or hard of hearing, the Division shall enter the drivers license symbol and a descriptor into the electronic record of any motor vehicle registered in the same name of the deaf or hard of hearing person.
    3. For the purposes of this subsection, a person shall be considered to be deaf or hard of hearing if they provide verification or documentation substantiating their hearing loss that is recommended by the Division of Services for the Deaf and the Hard of Hearing as acceptable. The Division of Motor Vehicles shall consult with the Division of Services for the Deaf and the Hard of Hearing to identify acceptable forms of verification that do not result in undue burden to the person requesting the designation of hearing loss. Acceptable documentation shall include any of the following:
       1. Documentation of certification or examination by a medical, health, or audiology professional showing evidence of hearing loss.
       2. Affidavit executed by the person, their parent, or guardian attesting to the person's hearing loss.
       3. Documentation deemed by the Division of Motor Vehicles to qualify as satisfactory proof of the person's hearing loss.
    4. Nothing in this subsection shall be construed as authorizing the issuance of a drivers license to a person ineligible under G.S. 20-9.
    5. Nothing in this subsection shall be construed as prohibiting the issuance of a drivers license to a person otherwise eligible under the law.
    6. Any individual who chooses to register or not to register shall not be deemed to have waived any protections under the law.
    7. Information collected under this subsection shall only be available to law enforcement and only for the purpose of ensuring mutually safe interactions between law enforcement and persons who are deaf or hard of hearing. It shall not be accessed or used for any other purpose.
    8. The right to make the decision for inclusion or removal of the designation from the database is entirely voluntary and shall only be made by the person who holds the drivers license associated with the designation.
    9. The Division, in conjunction with the Department of Health and Human Services, shall develop a process for removal of the designation authorized by this subsection that is available online, by mail, or in person.
31. Waiver of Vision Test. - The following license holders shall be exempt from any required eye exam when renewing a drivers license by mail under either subsection (f) of this section or subsection (q) of this section if, at the time of renewal, the license holder is serving in a combat zone or a qualified hazardous duty zone:
    1. A member of the Armed Forces of the United States.
    2. A member of a reserve component of the Armed Forces of the United States.
32. Notwithstanding the requirements of subsection (b1) of this section that an applicant present a valid social security number, the Division shall issue a drivers license of limited duration, under subsection (f) of this section, to an applicant present in the United States who holds valid documentation issued by, or under the authority of, the United States government that demonstrates the applicant's legal presence of limited duration in the United States if the applicant presents that valid documentation and meets all other requirements for a license of limited duration. Notwithstanding the requirements of subsection (n) of this section addressing background colors and borders, a drivers license of limited duration issued under this section shall bear a distinguishing mark or other designation on the face of the license clearly denoting the limited duration of the license.
33. Use of Bioptic Telescopic Lenses. -
    1. An applicant using bioptic telescopic lenses shall be eligible for a regular Class C drivers license under this section if the applicant meets all of the following:
       1. Demonstrates a visual acuity of at least 20/200 in one or both eyes and a field of 70 degrees horizontal vision with or without corrective carrier lenses, or if the person has vision in one eye only, the person demonstrates a field of at least 40 degrees temporal and 30 degrees nasal horizontal vision.
       2. Demonstrates a visual acuity of at least 20/70 in one or both eyes with the bioptic telescopic lenses and without the use of field expanders.
       3. Provides a report of examination by an ophthalmologist or optometrist, on a form prescribed by the Division, for the Division to determine if all field of vision requirements are met or additional testing is needed.
       4. Successfully passes a road test administered by the Division. This requirement is waived if the applicant is a new resident of North Carolina who has a valid drivers license issued by another jurisdiction that requires a road test.
       5. Meets all other criteria for licensure.
    2. In addition to the requirements listed in subdivision (1) of this subsection, the Division shall require an applicant using bioptic telescopic lenses to successfully complete a behind-the-wheel training and assessment program prescribed by the Division. This requirement is waived if the applicant has successfully completed a behind-the-wheel training and assessment program as a condition of licensure in another jurisdiction.
    3. Applicants using bioptic telescopic lenses shall be eligible for a limited learner's permit or provisional drivers license issued pursuant to G.S. 20-11, provided the requirements of this subsection are met and any other required testing or documentation is completed and submitted with the application.
    4. Applicants issued a regular Class C drivers license, limited learner's permit, or provisional drivers license shall be subject to the following restrictions on the license issued:
       1. The license or permit holder shall not be eligible for any endorsements.
       2. The license or permit shall permit the operation of motor vehicles only during the period beginning one-half hour after sunrise and ending one-half hour before sunset.
    5. Applicants issued a regular Class C drivers license may drive motor vehicles between the period beginning one-half hour before sunset and ending one-half hour after sunrise if the applicant meets the following requirements:
       1. Demonstrates a visual acuity of at least 20/40 in one or both eyes with the bioptic telescopic lenses and without the use of field expanders.
       2. Provides a report of examination by an ophthalmologist or optometrist in accordance with sub-subdivision c. of subdivision (1) of this subsection that does not recommend restricting the applicant to driving a motor vehicle only during the period beginning one-half hour after sunrise and ending one-half hour before sunset.

A license authorizes the holder of the license to drive any vehicle included in the class of the license and any vehicle included in a lesser class of license, except a vehicle for which an endorsement is required. To drive a vehicle for which an endorsement is required, a person must obtain both a license and an endorsement for the vehicle. A regular drivers license is considered a lesser class of license than its commercial counterpart.

The classes of regular drivers licenses and the motor vehicles that can be driven with each class of license are:

The Commissioner may assign a unique motor vehicle to a class that is different from the class in which it would otherwise belong.

A person holding a commercial drivers license issued by another jurisdiction must apply for a transfer and obtain a North Carolina issued commercial drivers license within 30 days of becoming a resident. Any other new resident of North Carolina who has a drivers license issued by another jurisdiction must obtain a license from the Division within 60 days after becoming a resident.

Subsection (a2) of this section sets forth the requirements for a motorcycle learner's permit. To obtain a motorcycle endorsement, a person shall pay the fee set in subsection (i) of this section. In addition, to obtain an endorsement, a person age 18 or older shall demonstrate competence to drive a motorcycle by passing a knowledge test concerning motorcycles, and by passing a road test or providing proof of successful completion of one of the following:

(1) The North Carolina Motorcycle Safety Education Program Basic Rider Course or Experienced Rider Course.

(2) Any course approved by the Commissioner consistent with the instruction provided through the Motorcycle Safety Instruction Program established under G.S. 115D-72.

A person less than 18 years of age shall demonstrate competence to drive a motorcycle by passing a knowledge test concerning motorcycles and providing proof of successful completion of one of the following:

(1) Repealed by Session Laws 2012-85, s. 1, effective July 1, 2012.

(2) The North Carolina Motorcycle Safety Education Program Basic Rider Course or Experienced Rider Course.

(3) Any course approved by the Commissioner consistent with the instruction provided through the Motorcycle Safety Instruction Program established under G.S. 115D-72.

A person less than 18 years of age with a motorcycle endorsement may not drive a motorcycle with a passenger.

Neither a drivers license nor a motorcycle endorsement is required to drive a moped.

To obtain a motorcycle learner's permit, an applicant shall pass a vision test, a road sign test, and a knowledge test specified by the Division. An applicant who is less than 18 years old shall successfully complete the North Carolina Motorcycle Safety Education Program Basic Rider Course or any course approved by the Commissioner consistent with the instruction provided through the Motorcycle Safety Instruction Program established under G.S. 115D-72. A motorcycle learner's permit expires twelve months after it is issued and may be renewed for one additional six-month period. The holder of a motorcycle learner's permit may not drive a motorcycle with a passenger. The fee for a motorcycle learner's permit is the amount set in G.S. 20-7(l) for a learner's permit.

The application form shall request all of the following information, and it shall contain the disclosures concerning the request for an applicant's social security number required by section 7 of the federal Privacy Act of 1974, Pub. L. No. 93-579:

The Division shall not issue an identification card, learners permit, or drivers license to an applicant who fails to provide the applicant's valid social security number.

In accordance with 42 U.S.C. 405 and 42 U.S.C. 666, and amendments thereto, the Division may disclose a social security number obtained under subsection (b1) of this section only as follows:

The Division shall require sign and symbol testing upon initial issuance of a license. The Division shall require vision testing as a part of required in-person, in-office renewals of a license.

The Division may not require a person who is at least 60 years old to parallel park a motor vehicle as part of a road test. A person shall not use an autocycle to complete a road test under this subsection.

The preceding provisions of this subsection do not apply to applicants who do not own currently registered motor vehicles and who do not operate nonfleet private passenger motor vehicles that are owned by other persons and that are not insured under commercial motor vehicle liability insurance policies. In such cases, the applicant shall sign a written certificate to that effect. Such certificate shall be furnished by the Division and may be incorporated into the license application form. Any material misrepresentation made by such person on such certificate shall be grounds for suspension of that person's license for a period of 90 days.

For the purpose of this subsection, the term "nonfleet private passenger motor vehicle" has the definition ascribed to it in Article 40 of General Statute Chapter 58.

The Commissioner may require that certificates required by this subsection be on a form approved by the Commissioner.

The requirement of furnishing proof of financial responsibility does not apply to a person who applies for a renewal of his or her drivers license.

Nothing in this subsection precludes any person from showing proof of financial responsibility in any other manner authorized by Articles 9A and 13 of this Chapter.

When renewing a license by mail, the Division may waive the examination that would otherwise be required for the renewal and may impose any conditions it finds advisable. A license renewed by mail is a temporary license that expires 60 days after the person to whom it is issued returns to this State.

Class of Regular License Fee For Each Year Class A $5.00 Class B $5.00 Class C $5.00

The fee for a motorcycle endorsement is two dollars and thirty cents ($2.30) for each year of the period for which the endorsement is issued. The appropriate fee shall be paid before a person receives a regular drivers license or an endorsement.

( l -1) Repealed by Session Laws 1991, c. 726, s. 5.

The Commissioner shall ensure that applicants 21 years old or older are issued drivers licenses and special identification cards that are printed in a horizontal format. The Commissioner shall ensure that applicants under the age of 21 are issued drivers licenses and special identification cards that are printed in a vertical format, that distinguishes them from the horizontal format, for ease of identification of individuals under age 21 by members of industries that regulate controlled products that are sale restricted by age and law enforcement officers enforcing these laws.

At the request of an applicant for a drivers license, a license issued to the applicant must contain the applicant's race, which shall be designated with the letters "AI" for an applicant who is American Indian.

History

(1935, c. 52, s. 2; 1943, c. 649, s. 1; c. 787, s. 1; 1947, c. 1067, s. 10; 1949, c. 583, ss. 9, 10; c. 826, ss. 1, 2; 1951, c. 542, ss. 1, 2; c. 1196, ss. 1-3; 1953, cc. 839, 1284, 1311; 1955, c. 1187, ss. 2-6; 1957, c. 1225; 1963, cc. 754, 1007, 1022; 1965, c. 410, s. 5; 1967, c. 509; 1969, c. 183; c. 783, s. 1; c. 865; 1971, c. 158; 1973, cc. 73, 705; c. 1057, ss. 1, 3; 1975, c. 162, s. 1; c. 295; c. 296, ss. 1, 2; c. 684; c. 716, s. 5; c. 841; c. 875, s. 4; c. 879, s. 46; 1977, c. 6; c. 340, s. 3; c. 354, s. 1; c. 865, ss. 1, 3; 1979, c. 37, s. 1; c. 113; c. 178, s. 2; c. 667, ss. 3-11, 41; c. 678, ss. 1-3; c. 801, ss. 5, 6; 1981, c. 42; c. 690, ss. 8-10; c. 792, s. 3; 1981 (Reg. Sess., 1982), c. 1257, s. 1; 1983, c. 443, s. 1; 1985, c. 141, s. 4; c. 682, ss. 1, 2; 1987, c. 869, ss. 10, 11; 1989, c. 436, ss. 1, 2; c. 771, s. 5; c. 786, s. 4; 1991, c. 478, s. 1; c. 689, s. 325; c. 726, s. 5; 1991 (Reg. Sess., 1992), c. 1007, s. 27; c. 1030, s. 10; 1993, c. 368, s. 1; c. 533, ss. 2, 3, 12; 1993 (Reg. Sess., 1994), c. 595, ss. 1, 2; c. 750, s. 1; c. 761, s. 1.1; 1995 (Reg. Sess., 1996), c. 675, s. 1; 1997-16, ss. 5, 8, 9; 1997-122, ss. 2, 3; 1997-377, s. 1; 1997-433, s. 4; 1997-443, ss. 11A.122, 32.20; 1997-456, s. 32, 33; 1998-17, s. 1; 1998-149, s. 2; 2000-120, ss. 14, 15; 2000-140, s. 93.1(a); 2001-424, ss. 12.2(b), 27.10A(a)-(d); 2001-513, s. 32(a); 2003-152, ss. 1, 2; 2003-284, s. 36.1; 2004-189, s. 5(a), (c); 2004-203, s. 2; 2005-276, s. 44.1(a), (q); 2005-349, s. 4; 2006-257, ss. 1, 2; 2006-264, s. 35.2; 2007-56, ss. 1-3; 2007-249, s. 1; 2007-350, s. 1; 2007-512, s. 5; 2008-202, ss. 2, 3; 2008-217, s. 1; 2008-221, s. 1; 2009-274, ss. 2, 3; 2009-451, s. 9.5(a); 2009-492, ss. 1, 2; 2010-130, s. 1; 2010-131, ss. 1, 2; 2010-132, s. 1; 2011-35, ss. 1, 2; 2011-183, ss. 21, 127(a); 2011-326, s. 28; 2011-381, s. 2; 2012-78, s. 1; 2012-85, ss. 1, 2; 2012-142, s. 9.16; 2012-145, s. 2.2; 2013-195, s. 2; 2013-231, s. 1; 2013-360, s. 7.10(a); 2014-58, s. 5; 2014-100, s. 34.8(a); 2014-115, s. 56.8(c); 2015-163, s. 2; 2015-238, s. 2.1; 2015-241, ss. 7A.4(b), 29.30(a), 29.30(a1), 29.36; 2015-294, s. 12; 2016-75, s. 1; 2016-90, ss. 6(a), 8(a), 9(a); 2017-191, s. 1; 2018-74, s. 10(a); 2018-145, s. 14; 2019-199, s. 7(a); 2019-227, s. 3(a), (b); 2021-78, s. 12(a); 2021-89, s. 1.)

Cross References. - As to jurisdiction of prosecution under this section, see note to G.S. 7A-272.

As to expiration of H and X endorsements, see G.S. 20-37.16.

As to criminal record checks of applicants and of current employees who are involved in the manufacture or production of drivers licenses and identification cards, see G.S. 114-19.24.

Editor's Note. - Session Laws 1985, c. 141, s. 6 provided that the amendment thereby would become effective September 1, 1986. Section 6 further provided that if the Congress of the United States repeals the mandate established by the Surface Transportation Assistance Act of 1982 relating to National Uniform Drinking Age of 21 as found in Section 6 of Public Law 98-363, or a court of competent jurisdiction declares the provision to be unconstitutional or otherwise invalid, then ss. 1, 2, 2.1, 4, and 5 of the act shall expire upon the certification of the Secretary of State that the federal mandate has been repealed or has been invalidated, and the statutes amended by ss. 1, 2, 2.1, 4, and 5 shall revert to the form they would have without the amendments made by these sections.

Session Laws 1987 (Reg. Sess., 1988), c. 1112 would have amended subsections (a) and (i) of this section effective June 1, 1989, through June 30, 1989, so as to make changes regarding the requirements for and entitlements of certain licenses, with certain exceptions for persons holding a Class C license issued before June 1, 1989. Session Laws 1989, c. 771, s. 18, effective June 1, 1989, repealed Session Laws 1987 (Reg. Sess., 1988), c. 1112; therefore, the provisions of c. 1112 never went into effect.

Session Laws 1993, c. 368, which amended this section, in s. 5 provides: "A drivers license or a special identification card issued by the Division of Motor Vehicles before January 1, 1995, and renewed by the Division after that date is considered the first drivers license or special identification card issued by the Division for purposes of determining when the license or card expires."

Session Laws 1997-16, s. 10 provides that the act does not appropriate funds to the Division to implement the act nor does it obligate the General Assembly to appropriate funds to implement this act.

Session Laws 2001-424, ss. 27.10A(b) to (d) enacted new subsections which the act numbered (b2), (b3), and (b4). As the section already contained a subsection (b2), at the direction of the Reviser of Statutes these subsections have been renumbered (b3), (b4), and (b5).

Session Laws 2004-189, s. 5(c), as amended by Session Laws 2005-276, s. 44.1(q), was codified as G.S. 20-7(j1) at the direction of the Revisor of Statutes.

Session Laws 2005-276, s. 1.2, provides: "This act shall be known as the 'Current Operations and Capital Improvements Appropriations Act of 2005.'"

Session Laws 2005-276, s. 46.3, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2005-2007 fiscal biennium, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2005-2007 fiscal biennium."

Session Laws 2005-276, s. 46.5, is a severability clause.

Session Laws 2011-35, s. 3, as amended by Session Laws 2012-85, s. 2, which added "Active Duty" to the subsection (q) heading, and added subsection (q1), provides:

"SECTION 3. This act becomes effective on the later of the following dates and applies to drivers licenses issued on or after that date:

"(1) January 1, 2013.

"(2) The first day of a month that is 30 days after the Commissioner of Motor Vehicles certifies to the Revisor of Statutes that the Division of Motor Vehicles has completed the implementation of the Division's Next Generation Secure Driver License System." On August 21, 2019, the Commissioner of Motor Vehicles certified to the Revisor of Statutes that the Next Generation Secure Driver License System was fully implemented in January 2016.

Session Laws 2012-85, s. 12, provides: "When the Division of Motor Vehicles has completed the implementation of the Division's Next Generation Secure Driver License System, the Commissioner of Motor Vehicles shall certify to the Revisor of Statutes that the Division of Motor Vehicles has completed the implementation. When making the certification, the Commissioner of Motor Vehicles shall reference S.L. 2011-35, S.L. 2011-228, and the session law number of this act." On August 21, 2019, the Commissioner of Motor Vehicles certified to the Revisor of Statutes that the Next Generation Secure Driver License System was fully implemented in January 2016.

Session Laws 2014-100, s. 34.8(b), made subdivision (f)(6), as added by Session Laws 2014-100, s. 34.8(a), effective August 7, 2014, and applicable to drivers licenses renewed on or after the Division of Motor Vehicles adopts rules under G.S. 20-7(f)(6)d.

Session Laws 2015-163, s. 2, which added subsection (a3) and added the last sentence of the second paragraph in subsection (c), was effective October 1, 2015.

Session Laws 2015-163, s. 14, provides, in part: "Prosecutions for offenses committed before the effective date of this act are not abated or affected by this act, and the statutes that would be applicable but for this act remain applicable to those prosecutions."

Session Laws 2015-241, s. 29.30(u), made the amendments to subsections (i), (i1), and ( l ) of this section by Session Laws 2015-241, s. 29.30(a1), applicable to issuances, renewals, restorations, and requests on or after January 1, 2016.

Session Laws 2015-241, s. 1.1, provides: "This act shall be known as 'The Current Operations and Capital Improvements Appropriations Act of 2015.'"

Session Laws 2015-241, s. 33.6, is a severability clause.

Session Laws 2015-294, s. 17, made the repeal of subdivisions (b4)(8) and (9) of this section by Session Laws 2015-294, s. 12, applicable to contracts entered into on or after October 1, 2015.

Session Laws 2016-75, s. 2, made the amendment to subsection (n) by Session Laws 2016-75, s. 1, applicable to drivers licenses issued or renewed on or after October 1, 2016.

Session Laws 2016-90, s. 6(f), made the deletion of the former first sentence of subdivision (m)(2), which pertained to applicants for certification as a school bus driver, by Session Laws 2016-90, s. 6(a), applicable to offenses committed on or after January 1, 2017.

Session Laws 2016-90, s. 8(b), provides: "This section becomes effective January 1, 2017. The extended period of validity applies to temporary driving certificates issued on or after that date."

Session Laws 2016-94, s. 35.20(h), made the amendment to subsection (e) of this section by Session Laws 2016-94, s. 35.20(b), applicable to drivers licenses issued or renewed on or after July 1, 2016 and hearings requested on or after July 1, 2016.

Session Laws 2016-94, s. 1.2, provides: "This act shall be known as the 'Current Operations and Capital Improvements Appropriations Act of 2016.'"

Session Laws 2016-94, s. 39.4, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2016-2017 fiscal year, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2016-2017 fiscal year."

Session Laws 2016-94, s. 39.7, is a severability clause.

Session Laws 2017-41, s. 6.1(a), (b), provides: "(a) The General Assembly recognizes that not having a drivers license is a barrier to education, employment, health care, and other community-based activities for older youth in foster care, as defined in G.S. 131D-10.2(9), working toward independence. One of the biggest barriers to accessing a drivers license for such youth is the ability to obtain insurance. Therefore, to assist in this effort, the Department of Health and Human Services, Division of Social Services, shall establish a two-year pilot program that shall reimburse, on a first-come, first-served basis, youth and caregivers' costs associated with drivers license education, drivers license fees, insurance costs, and any other costs associated with obtaining a drivers license. The Division shall take appropriate steps to ensure proper advertising of the pilot program.

"(b) The Division of Social Services shall report on the pilot project to the Joint Legislative Oversight Committee on Health and Human Services by March 1, 2018."

Session Laws 2020-3, s. 4.7(a)-(h), as amended by Session Laws 2020-97, ss. 3.15(a), 3.16(a), provides: "(a) Definition. - For purposes of this section, 'credential' means any of the following issued by the Division of Motor Vehicles:

"(1) Drivers license.

"(2) Learner's permit.

"(3) Limited learner's permit.

"(4) Limited provisional license.

"(5) Full provisional license.

"(6) Commercial drivers license.

"(7) Commercial learner's permit.

"(8) Temporary driving certificate.

"(9) Special identification card.

"(10) Handicapped placard.

"(11) Vehicle registration.

"(12) Temporary vehicle registration.

"(13) Dealer license plate.

"(14) Transporter plate.

"(15) Loaner/Dealer 'LD' plate.

"(16) Vehicle inspection authorization.

"(17) Inspection station license.

"(18) Inspection mechanic license.

"(19) Transportation network company permit.

"(20) Motor vehicle dealer license.

"(21) Sales representative license.

"(22) Manufacturer license.

"(23) Distributor license.

"(24) Wholesaler license.

"(25) Driver training school license.

"(26) Driver training school instructor license.

"(27) Professional housemoving license.

"(b) Extend Validity of Credentials. - Notwithstanding renewal, duration, or expiration provisions of G.S. 20-7, 20-11, 20-37.6, 20-37.7, 20-37.13, 20-50, 20-66, 20-79, 20-79.02, 20-79.2, 20-183.4B, 20-183.4D, 20-280.3, 20-288, 20-324, and 20-359, or any other provision of law to the contrary, the Division of Motor Vehicles shall extend for a period of five months the validity of any credential that expires on or after March 1, 2020, and before August 1, 2020. The Division shall extend for a period of five months the validity of any credential listed in subdivisions (6), (7), (9), (10), and (18) of subsection (a) of this section that expires on or after March 1, 2020, and before the date 30 days after the date the Governor (i) rescinds Executive Order No. 116 or (ii) issues another executive order lifting restrictions on Division of Motor Vehicles functions. Notwithstanding G.S. 20-37.13(h) and G.S. 20-37.13A(a), the Division of Motor Vehicles is authorized to waive the requirement that commercial drivers license and commercial learner's permit holders have a medical examination and certification, as required by federal law, consistent with any waiver of medical qualifications standards issued by the Federal Motor Carrier Safety Administration. A credential extended under this section shall expire five months from the date it otherwise expires as prescribed by law prior to this section. However, the subsequent expiration of a credential extended under this section shall occur on the date prescribed by law prior to this section without regard to the extension. The Division shall notify individuals affected by an extension granted under this section, including information on new expiration dates and how the extension affects subsequent renewal and expiration dates.

"(b1) Extension of Intrastate Medical Waivers. - Notwithstanding the limitation on duration of waivers in G.S. 20-37.13A(b), the Division of Motor Vehicles may extend for up to five months the validity of a medical waiver issued by the Division under G.S. 20-37.13A if the waiver expires on or after March 1, 2020, and before the date 30 days after the date the Governor (i) rescinds Executive Order No. 116 or (ii) issues another executive order lifting restrictions on Division of Motor Vehicles functions, and the Division's Medical Review Unit determines the extension is appropriate.

"(c) Driving Eligibility Certificates. - Notwithstanding G.S. 20-11(n)(3), a driving eligibility certificate dated on or after February 9, 2020, and before March 10, 2020, remains valid and may be accepted by the Division of Motor Vehicles to meet the requirements for a license or permit issued under G.S. 20-11 until 30 days after the date the Governor rescinds Executive Order No. 116 or the date the Division reopens all drivers license offices, whichever is earlier.

"(d) Waive Penalties. - Notwithstanding any provision of law to the contrary, the Division shall waive any fines, fees, or penalties associated with failing to renew a credential during the period of time the credential is valid by extension under subsection (b) of this section.

"(e) Motor Vehicle Taxes. - Notwithstanding any provision of law to the contrary, due dates for motor vehicle taxes that are tied to registration expiration under Article 22A of Chapter 105 of the General Statutes shall be extended to correspond with extended expiration dates under subsection (b) of this section.

"(f) Validity by Extension a Defense. - A person may not be convicted or found responsible for any offense resulting from failure to renew a credential issued by the Division if, when tried for that offense, the person shows that the offense occurred during the period of time the credential is valid by extension under subsection (b) of this section.

"(g) Report. - Within 30 days of the extensions made under subsection (b) of this section, the Division shall submit a report to the Joint Legislative Transportation Oversight Committee and the Fiscal Research Division detailing implementation of this section.

"(h) Effective Date. - This section is effective retroactively to March 1, 2020, and applies to expirations occurring on or after that date."

Session Laws 2020-3, s. 5, is a severability clause.

Session Laws 2020-97, s. 4.5, is a severability clause.

Session Laws 2021-78, s. 12(b), made the last two sentences of subdivision (f)(3), as added by Session Laws 2021-78, s. 12(a), effective July 2, 2021, and applicable to applications for licenses submitted on or after that date.

Session Laws 2021-78, s. 14(a), is a severability clause.

Effect of Amendments. - Session Laws 2004-189, s. 5.(a), effective November 1, 2004, in subsection (i), under the heading "Fee For Each Year," substituted "4.30" for "4.25" twice, and substituted "3.05" for "3.00."

Session Laws 2004-203, s. 2, effective August 17, 2004, in subsection (b1), substituted "an identification card, learners permit, or drivers" for "a drivers," inserted "except for an identification card" preceding "demonstrate his or her," and made a related punctuation change.

Session Laws 2005-276, s. 44.1(a), effective October 1, 2005, in subsection (i), in the first paragraph, substituted "$4.00" for "$4.30" and "3.05" in the list of fees; in subsection (i1), substituted "fifty-dollars ($50.00)" for "twenty-five dollars ($25.00)" twice, substituted "seventy-five dollars ($75.00)" for "fifty dollars ($50.00)" and substituted "fifty-dollar ($50.00) fee, and the first fifty dollars ($50.00) of the seventy-five-dollar ($75.00) fee" for "twenty-five dollar ($25.00) fee, and the first twenty-five dollars ($25.00) of the fifty-dollar ($50.00) fee" and "the seventy-five-dollar ($75.00) fee" for "the fifty-dollar ($50.00) fee"; and in subsection ( l ) substituted "fifteen dollars ($15.00)" for "ten dollars ($10.00)."

Session Laws 2005-349, s. 4, effective September 30, 2005, in the next-to-last paragraph of subsection (a), added the first sentence and substituted "Any other" for "A" at the beginning of the second sentence.

Session Laws 2006-257, s. 1, effective January 1, 2007, rewrote subsection (f); and s. 2 added subdivision (f)(5) effective July 1, 2008.

Session Laws 2006-264, s. 35.2, effective August 27, 2006, in subsection (b1), deleted the former second to last paragraph relating to applicants who do not have social security numbers, and in the last paragraph, deleted "either" following "to provide" and "or the applicant's valid Taxpayer Identification Number" from the end; rewrote subsection (f); and added subsection (s).

Session Laws 2007-56, s. 1, effective retroactively to January 1, 2007, and applicable to drivers licenses issued or renewed on or after that date, rewrote subdivisions (f)(1), (2) and (3), and added subdivisions (f)(2a) and (f)(3a).

Session Laws 2007-249, s. 1, effective July 20, 2007, added subdivision (b2)(4).

Session Laws 2007-512, s. 5, effective October 1, 2007, added subdivision (b2)(5).

Session Laws 2008-202, ss. 2 and 3, effective August 8, 2008, in subdivision (f)(5), added the language beginning "unless the applicant is ineligible for mail delivery" to the end of the subdivision; in subdivision (n)(4), inserted "or a properly applied laser engraved picture on polycarbonate material"; in the second full paragraph in subsection (n), deleted the former first sentence, which read: "The Commissioner may waive the requirement of a color photograph on a license if the license holder proves to the satisfaction of the Commissioner that taking the photograph would violate the license holder's religious convictions"; and made minor grammatical changes.

Session Laws 2008-221, s. 1, effective September 1, 2008, added subdivisions (a)(3)c.

Session Laws 2009-451, s. 9.5(a), effective July 1, 2009, in subsection (i1), in the first paragraph, substituted "G.S. 20-17(a)(2)" for "G.S. 20-17(2)" in the first sentence, substituted "G.S. 20-17(a)(2) shall pay a restoration fee of seventy-five dollars ($75.00)" for "G.S. 20-17(2) shall pay a restoration fee of seventy-five dollars ($75.00) until the end of the fiscal year in which the cumulative total amount of fees deposited under this subsection in the General Fund exceeds ten million dollars ($10,000,000), and shall pay a restoration fee of fifty dollars ($50.00) thereafter" in the second sentence, and deleted "shall certify to the Department of Transportation and the General Assembly when the cumulative total amount of fees deposited in the General Fund under this subsection exceeds ten million dollars ($10,000,000), and" preceding "shall annually report" in the last sentence; in the second paragraph, inserted "from" near the beginning, "the sum of five hundred thirty-seven thousand four hundred fifty-five dollars ($537,455)" near the middle, and substituted "operating expenses of the Bowles Center for Alcohol Studies at the University of North Carolina at Chapel Hill" for "the Center for Alcohol Studies Endowment at The University of North Carolina at Chapel Hill, but not to exceed this cumulative total of ten million dollars ($10,000,000)" at the end.

Session Laws 2010-130, s. 1, effective September 1, 2010, in the first paragraph in subsection (i1), in the second sentence, substituted "one hundred dollars ($100.00)" for "seventy-five dollars ($75.00)," in the sixth sentence, substituted "one-hundred-dollar ($100.00) fee" for "seventy-five-dollar ($75.00) fee," deleted the former seventh sentence, which read: "The remaining twenty-five dollars ($25.00) of the seventy-five-dollar ($75.00) fee shall be deposited in the General Fund of the State," added the seventh and eighth sentences, and in the last sentence, inserted "and transferred to the Forensic Tests for Alcohol Branch of the Chronic Disease and Injury Section of the Department of Health and Human Services."

Session Laws 2010-131, ss. 1 and 2, effective January 1, 2011, and applicable to any drivers license issued on or after that date, in subdivisions (f)(2) and (f)(2a), twice substituted "66 years old" for "54 years old."

Session Laws 2010-132, s. 1, effective December 1, 2010, and applicable to offenses committed on or after that date, in subdivision (f)(2), added the third sentence, and in the last sentence, substituted "expires on the birthday of the licensee three years after the date of issuance" for "shall expire on the birth date of the licensee three years after the date of issuance"; and added the last sentence in subdivision (f)(2a).

Session Laws 2011-35, ss. 1 and 2, as amended by Session Laws 2011-326, s. 28, added "Active Duty" to the subsection (q) heading; and added subsection (q1). See editor's note for effective date and applicability.

Session Laws 2011-183, ss. 21 and 127(a), effective June 20, 2011, in subdivision (f)(3b), inserted the first three occurrences of "of the United States"; and in subdivision (f)(4)a., inserted the first occurrence of "of the United States."; and in subsection (q1), twice substituted "Armed Forces of the United States" for "United States Armed Forces."

Session Laws 2012-78, s. 1, effective January 1, 2013, added the second sentence in subsection (s). For applicability, see Editor's note.

Session Laws 2012-85, s. 1, effective July 1, 2012, rewrote subsection (a1); and in the last paragraph, substituted "knowledge test" for "written test" in the first sentence, and substituted the language beginning "complete the North Carolina Motorcycle Safety" for "complete the Motorcycle Safety Foundation Basic Rider Course or the North Carolina Motorcycle Safety Education Program Basic Rider Course" in the second sentence.

Session Laws 2012-142, s. 9.16, as added by Session Laws 2012-145, s. 2.2, effective July 1, 2012, in the second paragraph of subsection (i1), substituted "Effective with the 2011-2012 fiscal year" for "It is the intent of the General Assembly to annually appropriate" at the beginning, and inserted "shall be transferred annually" in the middle.

Session Laws 2013-195, s. 2, effective July 1, 2013, added "and 60 days for a commercial drivers license" in the first sentence of subdivision (f)(5).

Session Laws 2013-231, s. 1, effective July 3, 2013, added subsection (t).

Session Laws 2013-360, s. 7.10(a), effective July 26, 2013, added subdivision (b2)(6).

Session Laws 2014-58, s. 5, effective July 7, 2014, rewrote subdivision (n)(4), which read "A color photograph, or a properly applied laser engraved picture on polycarbonate material, of the license holder, taken by the Division."

Session Laws 2014-100, s. 34.8(a), added subdivision (f)(6). For effective date and applicability, see Editor's note.

Session Laws 2014-115, s. 56.8(c), effective August 11, 2014, substituted "Chief Information Officer" for "Controller" in subdivision (b2)(6).

Session Laws 2015-163, s. 2, effective October 1, 2015, added subsection (a3); and added the last sentence of the second paragraph in subsection (c). For applicability, see editor's note.

Session Laws 2015-238, s. 2.1, effective September 10, 2015, added subdivision (b2)(7).

Session Laws 2015-241, s. 7A.4(b), effective September 18, 2015, rewrote subdivision (b2)(6), which formerly read: "To the Office of the State Chief Information Officer for the purposes of G.S. 143B-426.38A."

Session Laws 2015-241, s. 29.30(a), effective October 1, 2015, in subsection (i1), substituted "and the first seventy-five dollars ($75.00) of the one-hundred-dollar ($100.00) fee" for "and the first fifty dollars ($50.00) of the one-hundred-dollar ($100.00) fee" in the sixth sentence, deleted the former seventh sentence, which read: "The remainder of the one-hundred-dollar ($100.00) fee shall be deposited in the General Fund," and deleted the former last paragraph, relating to operating expenses of the Bowles Center for Alcohol Studies.

Session Laws 2015-241, s. 29.30(a1), effective January 1, 2016, in subsection (i), substituted "$5.00" for "$4.00" throughout the second column of the table, and substituted "two dollars and thirty cents ($2.30)" for "one dollar and seventy-five cents ($1.75)"; in subsection (i1), substituted "sixty-five dollars ($65.00)" for "fifty dollars ($50.00)" and "one-hundred-thirty-dollar ($130.00)" for "one-hundred-dollar ($100.00)" throughout, and substituted "one hundred five dollars ($105.00" for "seventy-five dollars ($75.00)" in the sixth sentence; and substituted "twenty dollars ($20.00)" for "fifteen dollars ($15.00)" in subsection ( l ). For applicability, see editor's note.

Session Laws 2015-241, s. 29.36, effective July 1, 2015, in subdivision (f)(6), inserted "Subject to the following requirements and limitations," and rewrote the former last sentence of the introductory paragraph to be a new subdivision (f)(6)f.

Session Laws 2015-294, s. 12, effective October 1, 2015, deleted former subdivisions (b4)(8) and (b4)(9), pertaining to matricula consular or similar documents. For applicability, see editor's note.

Session Laws 2016-75, s. 1, effective October 1, 2016, substituted "race, which shall be designated with the letters 'AI' for an applicant who is American Indian" for "race" near the end of subsection (n). See editor's note for applicability.

Session Laws 2016-90, s. 6(a), effective January 1, 2017, in subdivision (m)(2), deleted the former first sentence, which read: "An applicant for certification under G.S. 20-218 as a school bus driver" from the beginning of the subdivision. See editor's note for applicability.

Session Laws 2016-90, s. 8(a), in subdivision (f)(5), substituted "60 days" for "20 days, and 60 days for a commercial drivers license" near the middle of the first sentence, and substituted "purposes and shall not be valid for identification purposes, except when conducting business with the Division and not otherwise prohibited by federal law" for "purposes only and shall not be valid for identification purposes" at the end of the second sentence. See editor's note for effective date and applicability.

Session Laws 2016-90, s. 9(a), effective October 1, 2016, added the second paragraph in subsection (c).

Session Laws 2016-94, s. 35.20(b), effective July 1, 2016, rewrote subsection (e). See editor's note for applicability.

Session Laws 2017-191, s. 1, effective January 1, 2018, added subsection (q2).

Session Laws 2018-74, s. 10(a), effective July 1, 2018, substituted "confidential and subject to release under G.S. 20-9(g)(4)h" for "confidential" in subsection (e).

Session Laws 2018-145, s. 14, effective December 27, 2018, added subdivision (b2)(8).

Session Laws 2019-199, s. 7(a), effective October 1, 2019, inserted the next-to-last sentence in subsection (i1).

Session Laws 2019-227, s. 3(a), (b), effective September 27, 2019, in subdivision (f)(6), inserted "or conversion" following "renewal" and "or converted" following "renewed" throughout, inserted "or remote conversion of a full provisional license" in the introductory paragraph, added clause (ii) in sub-sub-subdivision a.1., added the last sentence in sub-sub-subdivision a.3., inserted "For a remote renewal" in sub-sub-subdivision a.4., inserted "or conversion of a full provisional license" in sub-subdivision f.; and made stylistic changes.

Session Laws 2021-78, s. 12(a), added the last two sentences in subdivision (f)(3). For effective date and applicability, see editor's note.

Session Laws 2021-89, s. 1, effective October 1, 2021, added subdivision (f)(6a).

Legal Periodicals. - For comment on the 1953 amendments, see 31 N.C.L. Rev. 412 (1953).

For survey of 1978 constitutional law, see 57 N.C.L. Rev. 958 (1979).

For 1997 Legislative Survey, see 20 Campbell L. Rev. 491.

For article, "Local Enforcement of Federal Immigration Law: Should North Carolina Communities Implement 287(g) Authority," see 86 N.C.L. Rev. 1710 (2008).

§ 20-7.1. Notice of change of address or name.

1. Address. - A person whose address changes from the address stated on a drivers license must notify the Division of the change within 60 days after the change occurs. If the person's address changed because the person moved, the person must obtain a duplicate license within that time limit stating the new address. A person who does not move but whose address changes due to governmental action may not be charged with violating this subsection. A person who has provided an e-mail or electronic address to the Division pursuant to G.S. 20-48(a) shall notify the Division of any change or discontinuance of that e-mail or electronic address within 30 days after the change or discontinuance.
2. Name. - A person whose name changes from the name stated on a drivers license must notify the Division of the change within 60 days after the change occurs and obtain a duplicate drivers license stating the new name.
3. Fee. - G.S. 20-14 sets the fee for a duplicate license.

History

(1975, c. 223, s. 1; 1979, c. 970; 1983, c. 521, s. 1; 1997-122, s. 4; 2016-90, s. 10(a).)

Effect of Amendments. - Session Laws 2016-90, s. 10(a), effective October 1, 2016, added the last sentence in subsection (a).

§ 20-7.3. Availability of organ, eye, and tissue donor cards at motor vehicle offices.

The Division shall make organ, eye, and tissue donor cards available to interested individuals in each office authorized to issue drivers licenses or special identification cards. The Division shall obtain donor cards from qualified organ, eye, or tissue procurement organizations or tissue banks, as defined in G.S. 130A-412.4(31). The Division shall offer organ donation information and a donor card to each applicant for a drivers license. The organ donation information shall include the following:

1. A statement informing the individual that federally designated organ procurement organizations and eye banks have read-only access to the Department-operated Organ Donor Registry Internet site (hereafter "Donor Registry") listing those individuals who have stated to the Division of Motor Vehicles the individual's intent to be an organ donor and have an organ donation symbol on the individual's drivers license or special identification card.
2. The type of information that will be made available on the Donor Registry.

History

(2001-481, s. 3; 2004-189, s. 3; 2007-538, s. 7.)

Editor's Note. - Session Laws 2004-189, s. 5(c), as amended by Session Laws 2005-276, s. 44.1(q), provides: "The Division of Motor Vehicles shall retain a portion of five cents ($0.05) collected for the issuance of each drivers license and duplicate license to offset the actual cost of developing and maintaining the online Organ Donor Internet site established pursuant to Section 1 of this act. The remainder of the five cents ($0.05) shall be credited to the License to Give Trust Fund established under G.S. 20-7.4 and shall be used for the purposes authorized under G.S. 20-7.4 and G.S. 20-7.5."

Session Laws 2007-538, s. 11, provides: "The North Carolina Department of Transportation, Division of Motor Vehicles, in cooperation with the License to Give Trust Fund Commission, shall use available grant-in-aid funds from the State and federal governments and other sources to enhance online access such that donors and prospective donors may update, amend, or revoke information on the donor's or prospective donor's drivers license or donor card."

Effect of Amendments. - Session Laws 2004-189, s. 3, effective January 1, 2005, inserted "organ donation information and" preceding "a donor card" in the third sentence; and added the last sentence and subdivisions (1) and (2).

Session Laws 2007-538, s. 7, effective October 1, 2007, in the second sentence of the introductory paragraph, substituted "G.S. 130A-412.4(31)" for "G.S. 130A-403"; in subdivision (1), substituted "Organ Donor Registry Internet site (hereafter 'Donor Registry')" for "Organ Donor Internet site"; and in subdivision (2), substituted "Donor Registry." for "Organ Donor Internet site."

§ 20-7.4. License to Give Trust Fund established.

1. There is established the License to Give Trust Fund. Revenue in the Fund includes amounts credited by the Division as required by law, and other funds. Any surplus in the Fund shall not revert but shall be used for the purposes stated in this section. The Fund shall be kept on deposit with the State Treasurer, as in the case of other State Funds, and may be invested by the State Treasurer in any lawful securities for investment of State funds. The License to Give Trust Fund is subject to oversight by the State Auditor pursuant to Article 5A of Chapter 147 of the General Statutes.
2. The purposes for which funds may be expended by the License to Give Trust Fund Commission from the License to Give Trust Fund are as follows:
   1. As grants-in-aid for initiatives that educate about and promote organ and tissue donation and health care decision making at life's end.
   2. Expenses of the License to Give Trust Fund Commission as authorized in G.S. 20-7.5.

History

(2004-189, s. 4(a); 2015-241, s. 27.8(a); 2015-276, s. 6.5.)

Editor's Note. - Session Laws 2004-189, s. 5(c), as amended by Session Laws 2005-276, s. 44.1(q), provides: "The Division of Motor Vehicles shall retain a portion of five cents ($0.05) collected for the issuance of each drivers license and duplicate license to offset the actual cost of developing and maintaining the online Organ Donor Internet site established pursuant to Section 1 of this act. The remainder of the five cents ($0.05) shall be credited to the License to Give Trust Fund established under G.S. 20-7.4 and shall be used for the purposes authorized under G.S. 20-7.4 and G.S. 20-7.5."

Session Laws 2015-276, s. 6.5, repealed Session Laws 2015-241, s. 27.8, which amended this section. Session Laws 2015-276, s. 7, made the repeal effective October 20, 2015, applicable to offenses committed on or after that date, and provides, in part, that "Prosecutions for offenses committed before the effective date of this act are not abated or affected by this act, and the statutes that would be applicable but for this act remain applicable to those prosecutions."

Session Laws 2015-276, s. 7, provides: "Sections 1 and 2 of this act become effective December 1, 2015, and apply to offenses committed on or after that date. The remainder of this act is effective when this act becomes law [October 20, 2015] and applies to offenses committed on or after that date. Prosecutions for offenses committed before the effective date of this act are not abated or affected by this act, and the statutes that would be applicable but for this act remain applicable to those prosecutions."

Effect of Amendments. - Session Laws 2015-241, s. 27.8(a), effective September 18, 2015, and applicable to grants awarded on or after that date, amended subdivision (b)(1) by inserting "matching" and adding the second and third sentences, which read: "A grant-in-aid provided pursuant to this subdivision shall be matched on the basis of one dollar ($1.00) in grant funds for every one dollar ($1.00) in nongrant funds. Matching funds shall not include other State funds. The Commission shall not provide a grant under this subdivision until the grantee provides evidence satisfactory to the Commission that the grantee has sufficient nongrant funds to match." Session Laws 2015-241, s. 27.8(a), was subsequently repealed by Session Laws 2015-276, s. 6.5, effective October 20, 2015. For applicability, see editor's note.

§ 20-7.5. License to Give Trust Fund Commission established.

1. There is established the License to Give Trust Fund Commission. The Commission shall be located in the Department of Administration for budgetary and administrative purposes only. The Commission may allocate funds from the License to Give Trust Fund for the purposes authorized in G.S. 20-7.4. The Commission shall have 15 members, appointed as follows:
   1. Four members by the General Assembly, upon the recommendation of the President Pro Tempore of the Senate:
      1. One representative of Carolina Donor Services.
      2. One representative of LifeShare of The Carolinas.
      3. Two members who have demonstrated an interest in organ and tissue donation and education.
   2. Four members by the General Assembly, upon the recommendation of the Speaker of the House of Representatives:
      1. One representative of The North Carolina Eye Bank, Inc.
      2. One representative of The Carolinas Center for Hospice and End-of-Life Care.
      3. Two members who have demonstrated an interest in promoting advance care planning education.
   3. Seven members by the Governor:
      1. Three members representing organ, tissue, and eye recipients, families of recipients, or families of donors. Of these three, one each from the mountain, heartland, and coastal regions of the State.
      2. One member who is a transplant physician licensed to practice medicine in this State.
      3. One member who has demonstrated an interest in organ and tissue donation and education.
      4. One member who has demonstrated an interest in promoting advance care planning education.
      5. A representative of the North Carolina Department of Transportation.
2. The Commission shall elect from its membership a chair and a vice-chair for two-year terms. The Secretary of Administration shall provide meeting facilities for the Commission as required by the Chair.
3. The members of the Commission shall receive per diem and necessary travel and subsistence expenses in accordance with G.S. 138-5 and G.S. 138-6, as applicable. Per diem, subsistence, and travel expenses of the members shall be paid from the License to Give Trust Fund.
4. The members of the Commission shall comply with G.S. 14-234 prohibiting conflicts of interest. In addition to the restrictions imposed under G.S. 14-234, a member shall not vote on, participate in the deliberations of, or otherwise attempt through his or her official capacity to influence the vote on allocations of moneys from the License to Give Trust Fund to a nonprofit entity of which the member is an officer, director, or employee, or to a governmental entity of which the member is an employee or a member of the governing board. A violation of this subsection is a Class 1 misdemeanor.

History

(2004-189, s. 4(b).)

Editor's Note. - Session Laws 2004-189, s. 5(c), as amended by Session Laws 2005-276, s. 44.1(q), provides: "The Division of Motor Vehicles shall retain a portion of five cents ($0.05) collected for the issuance of each drivers license and duplicate license to offset the actual cost of developing and maintaining the online Organ Donor Internet site established pursuant to Section 1 of this act. The remainder of the five cents ($0.05) shall be credited to the License to Give Trust Fund established under G.S. 20-7.4 and shall be used for the purposes authorized under G.S. 20-7.4 and G.S. 20-7.5."

§ 20-7.6. Powers and duties of the License to Give Trust Fund Commission.

The License to Give Trust Fund Commission has the following powers and duties:

1. Establish general policies and guidelines for awarding grants-in-aid to nonprofit entities to conduct education and awareness activities on organ and tissue donation and advance care planning.
2. Accept gifts or grants from other sources to further the purposes of the License to Give Trust Fund. Such gifts or grants shall be transmitted to the State Treasurer for credit to the Fund.
3. Hire staff or contract for other expertise for the administration of the Fund. Expenses related to staffing shall be paid from the License to Give Trust Fund.

History

(2004-189, s. 4(b); 2015-241, s. 27.8(b); 2015-276, s. 6.5.)

Editor's Note. - Session Laws 2004-189, s. 5(c), as amended by Session Laws 2005-276, s. 44.1(q), provides: "The Division of Motor Vehicles shall retain a portion of five cents ($0.05) collected for the issuance of each drivers license and duplicate license to offset the actual cost of developing and maintaining the online Organ Donor Internet site established pursuant to Section 1 of this act. The remainder of the five cents ($0.05) shall be credited to the License to Give Trust Fund established under G.S. 20-7.4 and shall be used for the purposes authorized under G.S. 20-7.4 and G.S. 20-7.5."

Session Laws 2015-276, s. 6.5, repealed Session Laws 2015-241, s. 27.8, which amended this section. Session Laws 2015-276, s. 7, made the repeal effective October 20, 2015, applicable to offenses committed on or after that date, and provides, in part, that "Prosecutions for offenses committed before the effective date of this act are not abated or affected by this act, and the statutes that would be applicable but for this act remain applicable to those prosecutions."

Effect of Amendments. - Session Laws 2015-241, s. 27.8(b), effective September 18, 2015, and applicable to grants awarded on or after that date, amended subdivision (1) by adding "In accordance with G.S. 20-7.4(b)" at the beginning and inserting "matching" between "awarding" and "grants-in-aid." Session Laws 2015-241, s. 27.8(b), was subsequently repealed by Session Laws 2015-276, s. 6.5, effective October 20, 2015.

§ 20-8. Persons exempt from license.

The following are exempt from license hereunder:

1. Any person while operating a motor vehicle the property of and in the service of the Armed Forces of the United States. This shall not be construed to exempt any operators of the United States Civilian Conservation Corps motor vehicles;
2. Any person while driving or operating any road machine, farm tractor, or implement of husbandry temporarily operated or moved on a highway;
3. A nonresident who is at least 16 years of age who has in his immediate possession a valid driver's license issued to him in his home state or country if the nonresident is operating a motor vehicle in this State in accordance with the license restrictions and vehicle classifications that would be applicable to him under the laws and regulations of his home state or country if he were driving in his home state or country. This exemption specifically applies to nonresident military spouses, regardless of their employment status, who are temporarily residing in North Carolina due to the active duty military orders of a spouse.
4. to (6) Repealed by Session Laws 1979, c. 667, s. 13.

(7) Any person who is at least 16 years of age and while operating a moped.

History

(1935, c. 52, s. 3; 1963, c. 1175; 1973, c. 1017; 1975, c. 859, s. 2; 1979, c. 574, s. 7; c. 667, s. 13; 1983, c. 436; 2009-274, s. 4.)

Effect of Amendments. - Session Laws 2009-274, s. 4, effective July 10, 2009, and applicable to all licenses expiring on or after that date, substituted "Armed Forces" for "armed forces" in subdivision (1).

Legal Periodicals. - For survey of 1978 constitutional law, see 57 N.C.L. Rev. 958 (1979).

§ 20-9. What persons shall not be licensed.

1. To obtain a regular drivers license, a person must have reached the minimum age set in the following table for the class of license sought:
2. The Division shall not issue a drivers license to any person whose license has been suspended or revoked during the period for which the license was suspended or revoked.
3. The Division shall not issue a drivers license to any person whose permit or license has been suspended or revoked under G.S. 20-13.2(c1) during the suspension or revocation period, unless the Division has restored the person's permit or license under G.S. 20-13.2(c1).
4. The Division shall not issue a drivers license to any person who is an habitual drunkard or is an habitual user of narcotic drugs or barbiturates, whether or not the use is in accordance with the prescription of a physician.
5. Repealed by Session Laws 2012-194, s. 8, effective July 17, 2012.
6. The Division shall not issue a drivers license to any person when in the opinion of the Division the person is unable to exercise reasonable and ordinary control over a motor vehicle while operating the vehicle upon the highways, nor shall a license be issued to any person who is unable to understand highway warnings or direction signs.
7. The Division shall not issue a drivers license to any person whose license or driving privilege is in a state of cancellation, suspension, or revocation in any jurisdiction, if the acts or things upon which the cancellation, suspension, or revocation in the other jurisdiction was based would constitute lawful grounds for cancellation, suspension, or revocation in this State had those acts or things been done or committed in this State. However, any such cancellation shall not prohibit issuance for a period in excess of 18 months.
8. The Division may issue a restricted or unrestricted drivers license under the following conditions to an otherwise eligible applicant suffering from a physical or mental disability or disease that affects his or her ability to exercise reasonable and ordinary control of a motor vehicle:
   1. The applicant submits to the Division a certificate in the form prescribed in subdivision (2) of this subsection. The Division may request the certificate at the applicant's initial application, at any time following the issuance of the license, or at the initial application and any time following the issuance of the license. Until a license issued under this subdivision expires, is cancelled, or is revoked, the license continues in force as long as the licensee presents to the Division a certificate in the form prescribed in subdivision (2) of this subsection at the intervals determined by the Division to be in the best interests of public safety.
   2. The Division may request a signed certificate from a health care provider duly licensed to practice medicine in the United States that the applicant or licensee has submitted to a physical examination by the health care provider. The certificate shall be devised by the Commissioner with the advice of qualified experts in the field of diagnosing and treating physical and mental disabilities and diseases as the Commissioner may select to assist him or her and shall be designed to elicit the maximum medical information necessary to aid in determining whether or not it would be a hazard to public safety to permit the applicant or licensee to operate a motor vehicle, including, if such is the fact, the examining provider's statement that the applicant or licensee is under medication and treatment and that the applicant's or licensee's physical or mental disability or disease is controlled. The certificate shall contain a waiver of privilege and the recommendation of the examining provider to the Commissioner as to whether a license should be issued to the applicant or licensee and whether the applicant or licensee can safely operate a motor vehicle.
   3. The Commissioner is not bound by the recommendation of the examining health care provider but shall give fair consideration to the recommendation in exercising his or her discretion in making licensing decisions, the criterion being whether or not, upon all the evidence, it appears that it is safe to permit the applicant or licensee to operate a motor vehicle. The burden of proof of this fact is upon the applicant or licensee. In deciding whether to issue, restrict, cancel, or deny a license, the Commissioner may be guided by the opinion of experts in the field of diagnosing and treating the specific physical or mental disability or disease suffered by an applicant or licensee and the experts may be compensated for their services on an equitable basis. The Commissioner may also take into consideration any other factors which bear on the issue of public safety.
   4. Whenever a license is restricted, cancelled, or denied by the Commissioner on the basis of a physical or mental disability or disease, the action may be reviewed by a reviewing board upon written request of the applicant or licensee filed with the Division within 10 days after receipt of notice given in accordance with G.S. 20-48 of the action taken. The reviewing board shall consist of the Commissioner or the Commissioner's authorized representative and at least two medical professionals selected by the Commissioner and duly licensed to practice medicine by the appropriate licensing authority in the State. The medical professionals selected by the Commissioner may be compensated for their services on an equitable basis, including reimbursement for ordinary and necessary travel expenses. The Commissioner or the Commissioner's authorized representative, plus any two medical professionals selected by the Commissioner, shall constitute a quorum. The procedure for hearings authorized by this section shall be as follows:
      1. Applicants shall be afforded an opportunity for hearing, after reasonable notice of not less than 10 days, before the review board established by this subdivision. The notice shall be in writing and shall be delivered to the applicant in person or sent by certified mail, with return receipt requested. The notice shall state the time, place, and subject of the hearing. If a hearing is requested under this subdivision to contest a restriction placed on a license under subdivision (3) of this subsection, the restriction shall be stayed unless the Division determines there is an imminent threat to public safety if continued unrestricted driving is permitted. No stay shall be granted if a hearing is requested under this subdivision to contest a denial or cancellation of a license under subdivision (3) of this subsection. Nothing in this sub-subdivision authorizes the stay of a restriction placed on a license pursuant to another provision of law.
      2. The review board may compel the attendance of witnesses and the production of such books, records, and papers as it desires at a hearing authorized by this section. Upon request of an applicant or licensee, a subpoena to compel the attendance of any witness or a subpoena duces tecum to compel the production of any books, records, or papers shall be issued by the board. Subpoenas shall be directed to the sheriff of the county where the witness resides or is found and shall be served and returned in the same manner as a subpoena in a criminal case. Fees of the sheriff and witnesses shall be the same as that allowed in the district court in cases before that court and shall be paid in the same manner as other expenses of the Division of Motor Vehicles are paid. In any case of disobedience or neglect of any subpoena served on any person, or the refusal of any witness to testify to any matters regarding which the witness may be lawfully interrogated, the district court or superior court where the disobedience, neglect, or refusal occurs, or any judge thereof, on application by the board, shall compel obedience or punish as for contempt.
      3. A hearing may be continued upon motion of the applicant or licensee for good cause shown with approval of the board or upon order of the board.
      4. The board shall pass upon the admissibility of evidence at a hearing but the applicant or licensee affected may at the time object to the board's ruling, and, if evidence offered by an applicant or licensee is rejected, the party may proffer the evidence, and the proffer shall be made a part of the record. The board shall not be bound by common law or statutory rules of evidence which prevail in courts of law or equity and may admit and give probative value to evidence which possesses probative value commonly accepted by reasonably prudent persons in the conduct of their affairs. It may exclude incompetent, immaterial, irrelevant, and unduly repetitious evidence. Uncontested facts may be stipulated by agreement between an applicant or licensee and the board, and evidence relating to stipulated facts may be excluded. All evidence, including records and documents in the possession of the Division of Motor Vehicles or the board, of which the board desires to avail itself shall be made a part of the record. Documentary evidence may be received in the form of copies or excerpts, or by incorporation by reference. The board shall prepare an official record, which shall include testimony and exhibits. A record of the testimony and other evidence submitted shall be taken, but it shall not be necessary to transcribe shorthand notes or electronic recordings unless requested for purposes of court review.
      5. Every decision and order adverse to an applicant or licensee shall be in writing or stated in the record and shall be accompanied by findings of fact and conclusions of law. The findings of fact shall consist of a concise statement of the board's conclusions on each contested issue of fact. The applicant or licensee shall be notified of the board's decision in person or by registered mail with return receipt requested. A copy of the board's decision with accompanying findings and conclusions shall be delivered or mailed upon request to the applicant's or licensee's attorney of record or to the applicant or licensee, if he or she has no attorney.
      6. Actions of the reviewing board are subject to judicial review as provided under Chapter 150B of the General Statutes.
      7. Repealed by Session Laws 1977, c. 840.
      8. All records and evidence collected and compiled by the Division and the reviewing board shall not be considered public records within the meaning of Chapter 132 of the General Statutes and may be made available to the public only upon an order of a court of competent jurisdiction. An applicant or licensee may obtain, without a court order, a copy of records and evidence collected and compiled under this subdivision about the applicant or licensee by submitting a written request to the Division, signing any release forms required by the Division, and remitting the required fee set by the Division. All information furnished by, about, or on behalf of an applicant or licensee under this section shall be without prejudice and shall be for the use of the Division, the reviewing board, or the court in administering this section and shall not be used in any manner as evidence, or for any other purposes in any trial, civil or criminal. The prohibition on release and use under this sub-subdivision applies without regard to who authored or produced the information collected, compiled, and used by the Division under this subdivision.
9. The Division shall not issue a drivers license to an applicant who currently holds a license to drive issued by another state unless the applicant surrenders the license.
10. The Division shall not issue a drivers license to an applicant who has resided in this State for less than 12 months until the Division has searched the National Sex Offender Public Registry to determine if the person is currently registered as a sex offender in another state. The following applies in this subsection:
    1. If the Division finds that the person is currently registered as a sex offender in another state, the Division shall not issue a drivers license to the person until the person submits proof of registration pursuant to Article 27A of Chapter 14 of the General Statutes issued by the sheriff of the county where the person resides.
    2. If the person does not appear on the National Sex Offender Public Registry, the Division shall issue a drivers license but shall require the person to sign an affidavit acknowledging that the person has been notified that if the person is a sex offender, then the person is required to register pursuant to Article 27A of Chapter 14 of the General Statutes.
    3. If the Division is unable to access all states' information contained in the National Sex Offender Public Registry, but the person is otherwise qualified to obtain a drivers license, then the Division shall issue the drivers license but shall first require the person to sign an affidavit stating that: (i) the person does not appear on the National Sex Offender Public Registry and (ii) acknowledging that the person has been notified that if the person is a sex offender, then the person is required to register pursuant to Article 27A of Chapter 14 of the General Statutes. The Division shall search the National Sex Offender Public Registry for the person within a reasonable time after access to the Registry is restored. If the person does appear in the National Sex Offender Public Registry, the person is in violation of G.S. 20-30, and the Division shall immediately revoke the drivers license and shall promptly notify the sheriff of the county where the person resides of the offense.
    4. Any person denied a license or whose license has been revoked by the Division pursuant to this subsection has a right to file a petition within 30 days thereafter for a hearing in the matter in the superior court of the county where the person resides, or to petition the resident judge of the district or judge holding the court of that district, or special or emergency judge holding a court in the district, and the court or judge is hereby vested with jurisdiction. The court or judge shall set the matter for hearing upon 30 days' written notice to the Division. At the hearing, the court or judge shall take testimony and examine the facts of the case and shall determine whether the petitioner is entitled to a license under this subsection and whether the petitioner is in violation of G.S. 20-30.

Class of Regular License Minimum Age Class A 18 Class B 18 Class C 16

G.S. 20-37.13 sets the age qualifications for a commercial drivers license.

History

(1935, c. 52, s. 4; 1951, c. 542, s. 3; 1953, c. 773; 1955, c. 118, s. 7; 1967, cc. 961, 966; 1971, c. 152; c. 528, s. 11; 1973, cc. 135, 441; c. 476, s. 128; c. 1331, s. 3; 1975, c. 716, s. 5; 1979, c. 667, ss. 14, 41; 1983, c. 545; 1987, c. 827, s. 1; 1989, c. 771, s. 7; 1991, c. 726, s. 6; 1993, c. 368, s. 2; c. 533, s. 4; 1999-243, s. 4; 1999-452, s. 8; 2003-14, s. 1; 2006-247, s. 19(c); 2007-182, s. 2; 2012-194, s. 8; 2016-94, s. 35.20(c); 2018-74, s. 10(b); 2018-142, s. 3(a).)

Editor's Note. - Session Laws 1989, c. 168, ss. 3 and 4, effective May 30, 1989, would have amended subdivisions (c)(9) and (c)(10) of this section; however, these subdivisions do not exist in this section. The amendment apparently should have been to G.S. 20-118. Session Laws 2018-142, s. 5, effective December 14, 2018, repealed Session Laws 1989, c. 168, s. 4.

Session Laws 1993, c. 368, which amended this section, in s. 5 provides: "A drivers license or a special identification card issued by the Division of Motor Vehicles before January 1, 1995, and renewed by the Division after that date is considered the first drivers license or special identification card issued by the Division for purposes of determining when the license or card expires."

Session Laws 2016-94, s. 35.20(h), made the amendments to this section by Session Laws 2016-94, s. 35.20(d), applicable to drivers licenses issued or renewed on or after July 1, 2016 and hearings requested on or after July 1, 2016.

Session Laws 2016-94, s. 1.2, provides: "This act shall be known as the 'Current Operations and Capital Improvements Appropriations Act of 2016.' "

Session Laws 2016-94, s. 39.4, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2016-2017 fiscal year, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2016-2017 fiscal year."

Session Laws 2016-94, s. 39.7, is a severability clause.

Effect of Amendments. - Session Laws 2006-247, s. 19(c), effective December 1, 2006, and applicable to all applications for a drivers license, learner's permit, instruction permit, or special identification card submitted on or after that date, added subsection (i).

Session Laws 2007-182, s. 2, effective July 5, 2007, substituted "Commission for Public Health" for "Commission for Health Services" seven times in subdivision (g)(4).

Session Laws 2012-194, s. 8, effective July 17, 2012, repealed subsection (d), which read: "No driver's license shall be issued to any applicant who has been previously adjudged insane or an idiot, imbecile, or feebleminded, and who has not at the time of such application been restored to competency by judicial decree or released from a hospital for the insane or feebleminded upon a certificate of the superintendent that such person is competent, nor then unless the Division is satisfied that such person is competent to operate a motor vehicle with safety to persons and property."

Session Laws 2016-94, s. 35.20(c), effective July 1, 2016, rewrote subsections (e) and (g). See editor's note for applicability.

Session Laws 2018-74, s. 10(b), effective July 1, 2018, in sub-subdivision (g)(4)h, inserted "except as authorized in this sub-subdivision" in the third sentence and added the last sentence.

Session Laws 2018-142, s. 3(a), effective December 14, 2018, rewrote the section.

Legal Periodicals. - For note on reporting patients for review of driver's license, see 48 N.C.L. Rev. 1003 (1970).

For note discussing the extension of the family purpose doctrine to motorcycles and private property, see 14 Wake Forest L. Rev. 699 (1978).

§ 20-9.1. Physicians, psychologists, and other medical providers providing medical information on drivers with physical or mental disabilities or diseases.

1. Notwithstanding G.S. 8-53 for physicians and G.S. 8-53.3 for psychologists, or any other law relating to confidentiality of communications between physicians, psychologists, or other medical providers and their patients, a physician, psychologist, or other medical provider duly licensed in the State of North Carolina may disclose after consultation with the patient to the Commissioner information about a patient who has a physical or mental disability or disease that the physician, psychologist, or other medical provider believes may affect the patient's ability to safely operate a motor vehicle. This information shall be limited to the patient's name, address, date of birth, and diagnosis.
2. The information provided to the Commissioner pursuant to subsection (a) of this section shall be confidential and shall be used only for the purpose of determining the qualifications of the patient to operate a motor vehicle.
3. A physician, psychologist, or other medical provider disclosing or not disclosing information pursuant to this section, or conducting an evaluation and making a recommendation to the Division regarding a person's ability to safely operate a motor vehicle, is immune from any civil or criminal liability that might otherwise be incurred or imposed based on the action taken provided that the physician, psychologist, or other medical provider was acting in good faith and without malice. In any proceeding involving liability, good faith and lack of malice are presumed.

History

(1997-464, s. 1; 2016-94, s. 35.20(d).)

Editor's Note. - Session Laws 2016-94, s. 35.20(h), made the amendments to this section by Session Laws 2016-94, s. 35.20(d), applicable to drivers licenses issued or renewed on or after July 1, 2016 and hearings requested on or after July 1, 2016.

Session Laws 2016-94, s. 1.2, provides: "This act shall be known as the 'Current Operations and Capital Improvements Appropriations Act of 2016.' "

Session Laws 2016-94, s. 39.4, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2016-2017 fiscal year, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2016-2017 fiscal year."

Session Laws 2016-94, s. 39.7, is a severability clause.

Effect of Amendments. - Session Laws 2016-94, s. 35.20(d), effective July 1, 2016, rewrote the section heading; and rewrote subsections (a) and (c). See editor's note for applicability.

§ 20-9.2. Selective service system registration requirements.

1. Any male United States citizen or immigrant who is at least 18 years of age but less than 26 years of age shall be registered in compliance with the requirements of the Military Selective Service Act, 50 U.S.C. § 453 (1948), when applying for the issuance, renewal, or duplication of a drivers license, commercial drivers license, or identification card.
2. The Division shall forward in an electronic format the necessary personal information of the applicants identified in subsection (a) of this section required for registration to the Selective Service System. An application for the issuance, renewal, or duplication of a drivers license, commercial drivers license, or identification card constitutes an affirmation that the applicant has already registered with the Selective Service System or that he authorizes the Division to forward the necessary information to the Selective Service System for registration. The Division shall notify the applicant that his application for the issuance, renewal, or duplication of a drivers license, commercial drivers license, or identification card serves as his consent to be registered with the Selective Service System pursuant to this section.
3. This section does not apply to special identification cards issued pursuant to G.S. 20-37.7(d)(5) or (6).

History

(2002-162, s. 1; 2014-111, s. 14.)

Effect of Amendments. - Session Laws 2014-111, s. 14, effective August 6, 2014, added subsection (c).

§ 20-9.3. Notification of requirements for sex offender registration.

The Division shall provide notice to each person who applies for the issuance of a drivers license, learner's permit, or instruction permit to operate a motor vehicle, and to each person who applies for an identification card, that if the person is a sex offender, then the person is required to register pursuant to Article 27A of Chapter 14 of the General Statutes.

History

(2006-247, s. 19(b).)

Editor's Note. - Session Laws 2006-247, s. 19(e), made this section effective December 1, 2006, and applicable to all applications for a drivers license, learner's permit, instruction permit, or special identification card submitted on or after that date.

§ 20-10. Age limits for drivers of public passenger-carrying vehicles.

It shall be unlawful for any person, whether licensed under this Article or not, who is under the age of 18 years to drive a motor vehicle while in use as a public passenger-carrying vehicle. For purposes of this section, an ambulance when operated for the purpose of transporting persons who are sick, injured, or otherwise incapacitated shall not be treated as a public passenger-carrying vehicle.

No person 14 years of age or under, whether licensed under this Article or not, shall operate any road machine, farm tractor or motor driven implement of husbandry on any highway within this State. Provided any person may operate a road machine, farm tractor, or motor driven implement of husbandry upon a highway adjacent to or running in front of the land upon which such person lives when said person is actually engaged in farming operations.

History

(1935, c. 52, s. 5; 1951, c. 764; 1967, c. 343, s. 4; 1971, c. 1231, s. 1.)

Local Modification. - Cumberland: 1965, c. 1152, s. 3.

§ 20-10.1. Mopeds.

It shall be unlawful for any person who is under the age of 16 years to operate a moped as defined in G.S. 20-4.01(27)j. upon any highway or public vehicular area of this State.

History

(1979, c. 574, s. 8; 2002-72, s. 6; 2016-90, s. 13(b); 2017-102, s. 5.2(b).)

Editor's Note. - Session Laws 2016-90, s. 13(j), made the amendment to this section by Session Laws 2016-90, s. 13(b), applicable to offenses committed on or after December 1, 2016.

Session Laws 2017-102, s. 5.2(b) provides: "The Revisor of Statutes is authorized to reletter the definitions in G.S. 20-4.01(27) and G.S. 20-4.01(32b) to place them in alphabetical order. The Revisor of Statutes may conform any citations that change as a result of the relettering." Pursuant to that authority, the reference to G.S. 20-4.01(27)d1. in this section was changed to G.S. 20-4.01(27)j.

Effect of Amendments. - Session Laws 2016-90, s. 13(b), effective December 1, 2016, substituted "G.S. 20-4.01(27)d1" for "G.S. 105-164.3." See editor's note for applicability.

§ 20-11. Issuance of limited learner's permit and provisional drivers license to person who is less than 18 years old.

1. Process. - Safe driving requires instruction in driving and experience. To ensure that a person who is less than 18 years old has both instruction and experience before obtaining a drivers license, driving privileges are granted first on a limited basis and are then expanded in accordance with the following process:
   1. Level 1. - Driving with a limited learner's permit.
   2. Level 2. - Driving with a limited provisional license.
   3. Level 3. - Driving with a full provisional license.
2. Level 1. - A person who is at least 15 years old but less than 18 years old may obtain a limited learner's permit if the person meets all of the following requirements:
   1. Passes a course of driver education prescribed in G.S. 115C-215 or a course of driver instruction at a licensed commercial driver training school.
   2. Passes a written test administered by the Division.
   3. Has a driving eligibility certificate or a high school diploma or its equivalent.
3. Level 1 Restrictions. - A limited learner's permit authorizes the permit holder to drive a specified type or class of motor vehicle only under the following conditions:
   1. The permit holder must be in possession of the permit.
   2. A supervising driver must be seated beside the permit holder in the front seat of the vehicle when it is in motion. No person other than the supervising driver can be in the front seat.
   3. For the first six months after issuance, the permit holder may drive only between the hours of 5:00 a.m. and 9:00 p.m.
   4. After the first six months after issuance, the permit holder may drive at any time.
   5. Every person occupying the vehicle being driven by the permit holder must have a safety belt properly fastened about his or her body, or be restrained by a child passenger restraint system as provided in G.S. 20-137.1(a), when the vehicle is in motion.
   6. The permit holder shall not use a mobile telephone or other additional technology associated with a mobile telephone while operating the motor vehicle on a public street or highway or public vehicular area.
4. Level 2. - A person who is at least 16 years old but less than 18 years old may obtain a limited provisional license if the person meets all of the following requirements:
   1. (Effective May 24, 2021 until December 31, 2021) Has held a limited learner's permit issued by the Division for at least six months.
   2. Has not been convicted of a motor vehicle moving violation or seat belt infraction or a violation of G.S. 20-137.3 during the preceding six months.
   3. Passes a road test administered by the Division.
   4. Has a driving eligibility certificate or a high school diploma or its equivalent.
   5. Has completed a driving log, on a form approved by the Division, detailing a minimum of 60 hours as the operator of a motor vehicle of a class for which the driver has been issued a limited learner's permit. The log must show at least 10 hours of the required driving occurred during nighttime hours. No more than 10 hours of driving per week may be counted toward the 60-hour requirement. The driving log must be signed by the supervising driver and submitted to the Division at the time the applicant seeks to obtain a limited provisional license. If the Division has cause to believe that a driving log has been falsified, the limited learner's permit holder shall be required to complete a new driving log with the same requirements and shall not be eligible to obtain a limited provisional license for six months.
5. Level 2 Restrictions. - A limited provisional license authorizes the license holder to drive a specified type or class of motor vehicle only under the following conditions:
   1. The license holder shall be in possession of the license.
   2. The license holder may drive without supervision in any of the following circumstances:
      1. From 5:00 a.m. to 9:00 p.m.
      2. When driving directly to or from work.
      3. When driving directly to or from an activity of a volunteer fire department, volunteer rescue squad, or volunteer emergency medical service, if the driver is a member of the organization.
   3. The license holder may drive with supervision at any time. When the license holder is driving with supervision, the supervising driver shall be seated beside the license holder in the front seat of the vehicle when it is in motion. The supervising driver need not be the only other occupant of the front seat, but shall be the person seated next to the license holder.
   4. When the license holder is driving the vehicle and is not accompanied by the supervising driver, there may be no more than one passenger under 21 years of age in the vehicle. This limit does not apply to passengers who are members of the license holder's immediate family or whose primary residence is the same household as the license holder. However, if a family member or member of the same household as the license holder who is younger than 21 years of age is a passenger in the vehicle, no other passengers under 21 years of age, who are not members of the license holder's immediate family or members of the license holder's household, may be in the vehicle.
   5. Every person occupying the vehicle being driven by the license holder shall have a safety belt properly fastened about his or her body, or be restrained by a child passenger restraint system as provided in G.S. 20-137.1(a), when the vehicle is in motion.
   6. The license holder shall not use a mobile telephone or other additional technology associated with a mobile telephone while operating the vehicle on a public street or highway or public vehicular area.
6. Level 3. - A person who is at least 16 years old but less than 18 years old may obtain a full provisional license if the person meets all of the following requirements:
   1. Has held a limited provisional license issued by the Division for at least six months.
   2. Has not been convicted of a motor vehicle moving violation or seat belt infraction or a violation of G.S. 20-137.3 during the preceding six months.
   3. Has a driving eligibility certificate or a high school diploma or its equivalent.
   4. Has completed a driving log, on a form approved by the Division, detailing a minimum of 12 hours as the operator of a motor vehicle of a class for which the driver is licensed. The log must show at least six hours of the required driving occurred during nighttime hours. The driving log must be signed by the supervising driver for any hours driven outside the provisions of subdivision (e)(2) of this section and submitted to the Division at the time the applicant seeks to obtain a full provisional license. If the Division has cause to believe that a driving log has been falsified, the limited provisional licensee shall be required to complete a new driving log with the same requirements and shall not be eligible to obtain a full provisional license for six months.
7. Level 3 Restrictions. - The restrictions on Level 1 and Level 2 drivers concerning time of driving, supervision, and passenger limitations do not apply to a full provisional license. However, the prohibition against operating a motor vehicle while using a mobile telephone under G.S. 20-137.3(b) shall apply to a full provisional license.
8. Exception for Persons 16 to 18 Who Have an Unrestricted Out-of-State License. - A person who is at least 16 years old but less than 18 years old, who was a resident of another state and has an unrestricted drivers license issued by that state, and who becomes a resident of this State may obtain one of the following upon the submission of a driving eligibility certificate or a high school diploma or its equivalent:
   1. A temporary permit, if the person has not completed a drivers education program that meets the requirements of the Superintendent of Public Instruction but is currently enrolled in a drivers education program that meets these requirements. A temporary permit is valid for the period specified in the permit and authorizes the holder of the permit to drive a specified type or class of motor vehicle when in possession of the permit, subject to any restrictions imposed by the Division concerning time of driving, supervision, and passenger limitations. The period must end within 10 days after the expected completion date of the drivers education program in which the applicant is enrolled.
   2. A full provisional license, if the person has completed a drivers education program that meets the requirements of the Superintendent of Public Instruction, has held the license issued by the other state for at least 12 months, and has not been convicted during the preceding six months of a motor vehicle moving violation, a seat belt infraction, or an offense committed in another jurisdiction that would be a motor vehicle moving violation or seat belt infraction if committed in this State.
   3. A full provisional license, if the person has completed a drivers education program that meets the requirements of the Superintendent of Public Instruction, has held both a learner's permit and a restricted license from another state for at least six months each, the Commissioner finds that the requirements for the learner's permit and restricted license are comparable to the requirements for a learner's permit and restricted license in this State, and the person has not been convicted during the preceding six months of a motor vehicle moving violation, a seat belt infraction, or an offense committed in another jurisdiction that would be a moving violation or a seat belt infraction if committed in this State.
   4. A limited provisional license, if the person has completed a drivers education program that meets the requirements of the Superintendent of Public Instruction but either did not hold the license issued by the other state for at least 12 months or was convicted during the preceding six months of a motor vehicle moving violation, a seat belt infraction, or an offense committed in another jurisdiction that would be a motor vehicle moving violation or seat belt infraction if committed in this State.
9. Exception for Persons 16 to 18 Who Have an Out-of-State Restricted License. - A person who is at least 16 years old but less than 18 years old, who was a resident of another state and has a restricted drivers license issued by that state, and who becomes a resident of this State may obtain one of the following:
   1. A limited provisional license, if the person has completed a drivers education program that meets the requirements of the Superintendent of Public Instruction, held the restricted license issued by the other state for at least 12 months, and whose parent or guardian certifies that the person has not been convicted during the preceding six months of a motor vehicle moving violation, a seat belt infraction, or an offense committed in another jurisdiction that would be a motor vehicle moving violation or seat belt infraction if committed in this State.
   2. A limited learners permit, if the person has completed a drivers education program that meets the requirements of the Superintendent of Public Instruction but either did not hold the restricted license issued by the other state for at least 12 months or was convicted during the preceding six months of a motor vehicle moving violation, a seat belt infraction, or an offense committed in another jurisdiction that would be a motor vehicle moving violation or seat belt infraction if committed in this State. A person who qualifies for a limited learners permit under this subdivision and whose parent or guardian certifies that the person has not been convicted of a moving violation in the preceding six months shall be deemed to have held a limited learners permit in this State for each month the person held a restricted license in another state.
10. Exception for Persons Age 15 Who Have an Out-of-State Unrestricted or Restricted License. - A person who is age 15, who was a resident of another state, has an unrestricted or restricted drivers license issued by that state, and who becomes a resident of this State may obtain a limited learners permit if the person has completed a drivers education program that meets the requirements of the Superintendent of Public Instruction. A person who qualifies for a limited learners permit under this subsection and whose parent or guardian certifies that the person has not been convicted of a moving violation in the preceding six months shall be deemed to have held a limited learners permit in this State for each month the person held an unrestricted or restricted license in another state.
11. Exception for Persons Less Than Age 18 Who Have a Federally Issued Unrestricted or Restricted License. - A person who is less than age 18, who has an unrestricted or restricted drivers license issued by the federal government, and who becomes a resident of this State may obtain a limited provisional license or a provisional license if the person has completed a drivers education program substantially equivalent to the drivers education program that meets the requirements of the Superintendent of Public Instruction. A person who qualifies for a limited provisional license or a provisional license under this subsection and whose parent or guardian certifies that the person has not been convicted of a moving violation in the preceding six months shall be deemed to have held a limited provisional license or a provisional license in this State for each month the person held an unrestricted or restricted license issued by the federal government.
12. Application. - An application for a permit or license authorized by this section must be signed by both the applicant and another person. That person must be:
    1. The applicant's parent or guardian;
    2. A person approved by the applicant's parent or guardian; or
    3. A person approved by the Division.
    4. With respect to minors in the legal custody of the county department of social services, any of the following:
       1. A guardian ad litem or attorney advocate appointed to advocate for the minor under G.S. 7B-601.
       2. The director of the county department of social services or the director's designee.
       3. If no person listed in sub-subdivision a. or b. of this subdivision is available, the court with continuing jurisdiction over the minor's placement under G.S. 7B-1000(b).
13. Duration and Fee. - A limited learner's permit expires on the eighteenth birthday of the permit holder. A limited provisional license expires on the eighteenth birthday of the license holder. A limited learner's permit or limited provisional license issued under this section that expires on a weekend or State holiday shall remain valid through the fifth regular State business day following the date of expiration. A full provisional license expires on the date set under G.S. 20-7(f). The fee for a limited learner's permit or a limited provisional license is twenty dollars ($20.00). The fee for a full provisional license is the amount set under G.S. 20-7(i).
14. Supervising Driver. - A supervising driver shall be a parent, grandparent, or guardian of the permit holder or license holder or a responsible person approved by the parent or guardian or the Division. A supervising driver shall be a licensed driver who has been licensed for at least five years. At least one supervising driver shall sign the application for a permit or license.
15. Violations. - It is unlawful for the holder of a limited learner's permit, a temporary permit, or a limited provisional license to drive a motor vehicle in violation of the restrictions that apply to the permit or license. Failure to comply with a restriction concerning the time of driving or the presence of a supervising driver in the vehicle constitutes operating a motor vehicle without a license. Failure to comply with the restriction regarding the use of a mobile telephone while operating a motor vehicle is an infraction punishable by a fine of twenty-five dollars ($25.00). Failure to comply with any other restriction, including seating and passenger limitations, is an infraction punishable by a monetary penalty as provided in G.S. 20-176. Failure to comply with the provisions of subsections (e) and (g) of this section shall not constitute negligence per se or contributory negligence by the driver or passenger in any action for the recovery of damages arising out of the operation, ownership or maintenance of a motor vehicle. Any evidence of failure to comply with the provisions of subdivisions (1), (2), (3), (4), and (5) of subsection (e) of this section shall not be admissible in any criminal or civil trial, action, or proceeding except in an action based on a violation of this section. No drivers license points or insurance surcharge shall be assessed for failure to comply with seating and occupancy limitations in subsection (e) of this section. No drivers license points or insurance surcharge shall be assessed for failure to comply with subsection (e) or (g) of this section regarding the use of a mobile telephone while operating a motor vehicle.
16. Insurance Status. - The holder of a limited learner's permit is not considered a licensed driver for the purpose of determining the inexperienced operator premium surcharge under automobile insurance policies.
17. Driving Eligibility Certificate. - A person who desires to obtain a permit or license issued under this section must have a high school diploma or its equivalent or must have a driving eligibility certificate. A driving eligibility certificate must meet the following conditions:
    1. The person who is required to sign the certificate under subdivision (4) of this subsection must show that he or she has determined that one of the following requirements is met:
       1. The person is currently enrolled in school and is making progress toward obtaining a high school diploma or its equivalent.
       2. A substantial hardship would be placed on the person or the person's family if the person does not receive a certificate.
       3. The person cannot make progress toward obtaining a high school diploma or its equivalent.
    2. The person who is required to sign the certificate under subdivision (4) of this subsection also must show that one of the following requirements is met:
       1. The person who seeks a permit or license issued under this section is not subject to subsection (n1) of this section.
       2. The person who seeks a permit or license issued under this section is subject to subsection (n1) of this section and is eligible for the certificate under that subsection.
    3. It must be on a form approved by the Division.
    4. It must be dated within 30 days of the date the person applies for a permit or license issuable under this section.
    5. It must be signed by the applicable person named below:
       1. The principal, or the principal's designee, of the public school in which the person is enrolled.
       2. The administrator, or the administrator's designee, of the nonpublic school in which the person is enrolled.
       3. The person who provides the academic instruction in the home school in which the person is enrolled.
       4. The designee of the board of directors of the charter school in which the person is enrolled.
       5. The president, or the president's designee, of the community college in which the person is enrolled.
18. Lose Control; Lose License.
    1. The following definitions apply in this subsection:
       1. Applicable State entity. - The State Board of Education for public schools and charter schools, the State Board of Community Colleges for community colleges, or the Secretary of Administration for nonpublic schools and home schools.
       2. Certificate. - A driving eligibility certificate that meets the conditions of subsection (n) of this section.
       3. Disciplinary action. - An expulsion, a suspension for more than 10 consecutive days, or an assignment to an alternative educational setting for more than 10 consecutive days.
       4. Enumerated student conduct. - One of the following behaviors that results in disciplinary action:
          1. The possession or sale of an alcoholic beverage or an illegal controlled substance on school property.
          2. The bringing, possession, or use on school property of a weapon or firearm that resulted in disciplinary action under G.S. 115C-390.10 or that could have resulted in that disciplinary action if the conduct had occurred in a public school.
          3. The physical assault on a teacher or other school personnel on school property.
       5. School. - A public school, charter school, community college, nonpublic school, or home school.
       6. School administrator. - The person who is required to sign certificates under subdivision (4) of subsection (n) of this section.
       7. School property. - The physical premises of the school, school buses or other vehicles under the school's control or contract and that are used to transport students, and school-sponsored curricular or extracurricular activities that occur on or off the physical premises of the school.
       8. Student. - A person who desires to obtain a permit or license issued under this section.
    2. Any student who was subject to disciplinary action for enumerated student conduct that occurred either after the first day of July before the school year in which the student enrolled in the eighth grade or after the student's fourteenth birthday, whichever event occurred first, is subject to this subsection.
    3. A student who is subject to this subsection is eligible for a certificate when the school administrator determines that the student has exhausted all administrative appeals connected to the disciplinary action and that one of the following conditions is met:
       1. The enumerated student conduct occurred before the student reached the age of 15, and the student is now at least 16 years old.
       2. The enumerated student conduct occurred after the student reached the age of 15, and it is at least one year after the date the student exhausted all administrative appeals connected to the disciplinary action.
       3. The student needs the certificate in order to drive to and from school, a drug or alcohol treatment counseling program, as appropriate, or a mental health treatment program, and no other transportation is available.
    4. A student whose permit or license is denied or revoked due to ineligibility for a certificate under this subsection may otherwise be eligible for a certificate if, after six months from the date of the ineligibility, the school administrator determines that one of the following conditions is met:
       1. The student has returned to school or has been placed in an alternative educational setting, and has displayed exemplary student behavior, as defined by the applicable State entity.
       2. The disciplinary action was for the possession or sale of an alcoholic beverage or an illegal controlled substance on school property, and the student subsequently attended and successfully completed, as defined by the applicable State entity, a drug or alcohol treatment counseling program, as appropriate.

A permit or license issued under this section must indicate the level of driving privileges granted by the permit or license.

(1) (Effective December 31, 2021) Has held a limited learner's permit issued by the Division for at least 12 months.

A person who meets these requirements may obtain a full provisional license by mail.

c1. The person who provides the academic instruction in the home in accordance with an educational program found by a court, prior to July 1, 1998, to comply with the compulsory attendance law.

Notwithstanding any other law, the decision concerning whether a driving eligibility certificate was properly issued or improperly denied shall be appealed only as provided under the rules adopted in accordance with G.S. 115C-12(28), 115D-5(a3), or 115C-566, whichever is applicable, and may not be appealed under this Chapter.

History

(1935, c. 52, s. 6; 1953, c. 355; 1955, c. 1187, s. 8; 1963, c. 968, ss. 2, 2A; 1965, c. 410, s. 3; c. 1171; 1967, c. 694; 1969, c. 37; 1973, c. 191, ss. 1, 2; c. 664, ss. 1, 2; 1975, c. 79; c. 716, s. 5; 1979, c. 101; c. 667, ss. 15, 16, 41; 1981 (Reg. Sess., 1982), c. 1257, s. 2; 1989 (Reg. Sess., 1990), c. 1021, s. 11; 1991, c. 689, s. 326; 1993, c. 539, s. 319; 1994, Ex. Sess., c. 24, s. 14(c); 1997-16, s. 1; 1997-443, s. 32.20; 1997-507, s. 1; 1998-149, ss. 2.1, 2.2, 2.3, 2.4, 2.5; 1998-212, s. 9.21(c); 1999-243, ss. 1, 2; 1999-276, s. 1; 1999-387, s. 4; 1999-452, s. 9; 2001-194, s. 1; 2001-487, s. 51.5(a); 2002-73, ss. 1, 2; 2002-159, s. 30; 2005-276, s. 44.1(b); 2006-177, ss. 2-7; 2011-145, s. 28.37(d); 2011-282, s. 15; 2011-381, s. 3; 2011-385, ss. 1-3; 2011-412, s. 3.2; 2015-135, s. 4.2; 2015-241, s. 29.30(b); 2021-24, s. 1.)

Editor's Note. - Session Laws 1997-16, s. 10 provides that this act does not appropriate funds to the Division to implement this act nor does it obligate the General Assembly to appropriate funds to implement this act.

Session Laws 2011-145, s. 1.1, provides: "This act shall be known as the 'Current Operations and Capital Improvements Appropriations Act of 2011.' "

Session Laws 2011-145, s. 32.5 is a severability clause.

Session Laws 2015-241, s. 29.30(u), made the amendments to subsection (j) of this section by Session Laws 2015-241, s. 29.30(b), applicable to issuances, renewals, restorations, and requests on or after January 1, 2016.

Session Laws 2015-241, s. 1.1, provides: "This act shall be known as 'The Current Operations and Capital Improvements Appropriations Act of 2015.'"

Session Laws 2015-241, s. 33.6, is a severability clause.

Session Laws 2016-23, s. 6(a)-(c), provides: "(a) Notwithstanding State Board of Education policy, GCS-R-004, or any other provision of law, if a student enrolled in a North Carolina public school or charter school under subsection (a) of Section 5 of this act [S.L. 2016-23, s. 5(a) pertains to the impact on public school student enrollment as a result of certification of the boundary between North Carolina and South Carolina] obtains a beginner's permit in South Carolina, the student shall be eligible to participate in behind-the-wheel instruction as part of a driver education course offered by the local school administrative unit in which the student is enrolled.

"(b) Notwithstanding G.S. 20-11(b)(1), a student who (i) as a result of the boundary certification becomes a legal resident of North Carolina on the date of the certification and (ii) is enrolled in a South Carolina school district in which his or her residence was located prior to certification or in the South Carolina statewide public charter school district may meet the requirement in G.S. 20-11(b)(1) for obtaining a limited learner's permit if the student passes a course of driver education offered by the South Carolina high school in which the student is enrolled.

"(c) The Department of Transportation, Division of Motor Vehicles, in collaboration with the State Board of Education, shall develop a procedure for any North Carolina resident who is a student enrolled in a South Carolina school pursuant to the conditions described in subsection (b) of this section to satisfy the driver eligibility certificate requirements of G.S. 20-11 to obtain and continue to hold a limited or full provisional license under this section."

Session Laws 2016-23, s. 12(a), is a severability clause.

Session Laws 2020-3, s. 4.7(a)-(h), as amended by Session Laws 2020-97, ss. 3.15(a), 3.16(a), provides: "(a) Definition. - For purposes of this section, 'credential' means any of the following issued by the Division of Motor Vehicles:

"(1) Drivers license.

"(2) Learner's permit.

"(3) Limited learner's permit.

"(4) Limited provisional license.

"(5) Full provisional license.

"(6) Commercial drivers license.

"(7) Commercial learner's permit.

"(8) Temporary driving certificate.

"(9) Special identification card.

"(10) Handicapped placard.

"(11) Vehicle registration.

"(12) Temporary vehicle registration.

"(13) Dealer license plate.

"(14) Transporter plate.

"(15) Loaner/Dealer 'LD' plate.

"(16) Vehicle inspection authorization.

"(17) Inspection station license.

"(18) Inspection mechanic license.

"(19) Transportation network company permit.

"(20) Motor vehicle dealer license.

"(21) Sales representative license.

"(22) Manufacturer license.

"(23) Distributor license.

"(24) Wholesaler license.

"(25) Driver training school license.

"(26) Driver training school instructor license.

"(27) Professional housemoving license.

"(b) Extend Validity of Credentials. - Notwithstanding renewal, duration, or expiration provisions of G.S. 20-7, 20-11, 20-37.6, 20-37.7, 20-37.13, 20-50, 20-66, 20-79, 20-79.02, 20-79.2, 20-183.4B, 20-183.4D, 20-280.3, 20-288, 20-324, and 20-359, or any other provision of law to the contrary, the Division of Motor Vehicles shall extend for a period of five months the validity of any credential that expires on or after March 1, 2020, and before August 1, 2020. The Division shall extend for a period of five months the validity of any credential listed in subdivisions (6), (7), (9), (10), and (18) of subsection (a) of this section that expires on or after March 1, 2020, and before the date 30 days after the date the Governor (i) rescinds Executive Order No. 116 or (ii) issues another executive order lifting restrictions on Division of Motor Vehicles functions. Notwithstanding G.S. 20-37.13(h) and G.S. 20-37.13A(a), the Division of Motor Vehicles is authorized to waive the requirement that commercial drivers license and commercial learner's permit holders have a medical examination and certification, as required by federal law, consistent with any waiver of medical qualifications standards issued by the Federal Motor Carrier Safety Administration. A credential extended under this section shall expire five months from the date it otherwise expires as prescribed by law prior to this section. However, the subsequent expiration of a credential extended under this section shall occur on the date prescribed by law prior to this section without regard to the extension. The Division shall notify individuals affected by an extension granted under this section, including information on new expiration dates and how the extension affects subsequent renewal and expiration dates.

"(b1) Extension of Intrastate Medical Waivers. - Notwithstanding the limitation on duration of waivers in G.S. 20-37.13A(b), the Division of Motor Vehicles may extend for up to five months the validity of a medical waiver issued by the Division under G.S. 20-37.13A if the waiver expires on or after March 1, 2020, and before the date 30 days after the date the Governor (i) rescinds Executive Order No. 116 or (ii) issues another executive order lifting restrictions on Division of Motor Vehicles functions, and the Division's Medical Review Unit determines the extension is appropriate.

"(c) Driving Eligibility Certificates. - Notwithstanding G.S. 20-11(n)(3), a driving eligibility certificate dated on or after February 9, 2020, and before March 10, 2020, remains valid and may be accepted by the Division of Motor Vehicles to meet the requirements for a license or permit issued under G.S. 20-11 until 30 days after the date the Governor rescinds Executive Order No. 116 or the date the Division reopens all drivers license offices, whichever is earlier.

"(d) Waive Penalties. - Notwithstanding any provision of law to the contrary, the Division shall waive any fines, fees, or penalties associated with failing to renew a credential during the period of time the credential is valid by extension under subsection (b) of this section.

"(e) Motor Vehicle Taxes. - Notwithstanding any provision of law to the contrary, due dates for motor vehicle taxes that are tied to registration expiration under Article 22A of Chapter 105 of the General Statutes shall be extended to correspond with extended expiration dates under subsection (b) of this section.

"(f) Validity by Extension a Defense. - A person may not be convicted or found responsible for any offense resulting from failure to renew a credential issued by the Division if, when tried for that offense, the person shows that the offense occurred during the period of time the credential is valid by extension under subsection (b) of this section.

"(g) Report. - Within 30 days of the extensions made under subsection (b) of this section, the Division shall submit a report to the Joint Legislative Transportation Oversight Committee and the Fiscal Research Division detailing implementation of this section.

"(h) Effective Date. - This section is effective retroactively to March 1, 2020, and applies to expirations occurring on or after that date."

Session Laws 2020-3, s. 5, is a severability clause.

Session Laws 2020-30, s. 1(a)-(c), provides: "(a) Notwithstanding G.S. 20-11(d)(3), the Division of Motor Vehicles shall waive the requirement that an applicant pass a road test in order to obtain a Level 2 limited provisional license if the applicant meets all other requirements to obtain the license.

"(b) In addition to all other requirements for a Level 3 full provisional license set out in G.S. 20-11, a Level 2 limited provisional license holder who receives a waiver under subsection (a) of this section must pass a road test administered by the Division in order to obtain a Level 3 full provisional license.

"(c) This section is effective when it becomes law [June 19, 2020] and applies to applications for provisional licenses submitted on or after that date. Subsection (a) of this section expires on the date the Division resumes administering road tests for Level 2 limited provisional license applicants."

Session Laws 2020-97, s. 4.5, is a severability clause.

Session Laws 2021-24, s. 2, made the substitution of "six months" for "12 months" in subdivision (d)(1) of this section by Session Laws 2021-24, s. 1, effective May 24, 2021, and applicable to applications for licenses submitted on or after that date, and provided for the expiration of s. 1 on December 31, 2021.

Effect of Amendments. - Session Laws 2005-276, s. 44.1(b), effective October 1, 2005, substituted "fifteen dollars ($15.00)" for "ten dollars ($10.00)" in subsection (j).

Session Laws 2006-177, ss. 2-7, effective December 1, 2006, and applicable to offenses committed on or after that date, added subdivisions (c)(6) and (e)(6); inserted "or a violation of G.S. 20-137.3" in the middle of subdivisions (d)(2) and (f)(2); added the last sentence in subsection (g); and, in subsection (l), added the third sentence, substituted "subsections (e) and (g)" for "subsection (e)" in the fifth sentence, inserted "of subdivisions (1), (2), (3), (4), and (5)" in the middle of the sixth sentence, and added the last sentence.

Session Laws 2011-145, s. 28.37(d), effective July 1, 2011, updated the section reference in subdivision (b)(1).

Session Laws 2011-282, s. 15, effective June 23, 2011, and applicable beginning with the 2011-2012 school year, substituted "G.S. 115C-390.10" for "G.S. 115C-391(d1)" in subdivision (n1)(1)d.2.

Session Laws 2011-385, ss. 1 through 3, as amended by Session Laws 2011-412, s. 3.2, in sub-subdivisions (e)(2)b. and (e)(2)c., inserted "directly"; and added subdivisions (d)(5) and (f)(4). For effective date and applicability, see editor's note.

Session Laws 2015-135, s. 4.2, effective October 1, 2015, added subdivision (i)(4).

Session Laws 2015-241, s. 29.30(b), effective January 1, 2016, substituted "twenty dollars ($20.00)" for "fifteen dollars ($15.00)" in the next-to-last sentence of subsection (j). For applicability, see editor's note.

Session Laws 2021-24, s. 1, substituted "six months" for "12 months" in subdivision (d)(1). For effective date, applicability, and expiration of amendment, see editor's note.

Legal Periodicals. - For 1997 legislative survey, see 20 Campbell L. Rev. 491.

§ 20-12.1. Impaired supervision or instruction.

1. It is unlawful for a person to serve as a supervising driver under G.S. 20-7(l) or G.S. 20-11 or as an approved instructor under G.S. 20-7(m) in any of the following circumstances:
   1. While under the influence of an impairing substance.
   2. After having consumed sufficient alcohol to have, at any relevant time after the driving, an alcohol concentration of 0.08 or more.
2. An offense under this section is an implied-consent offense under G.S. 20-16.2.

History

(1977, c. 116, ss. 1, 2; 1981, c. 412, s. 4; c. 747, s. 66; 1983, c. 435, s. 9; 1993, c. 285, s. 2; 1997-16, s. 7; 1997-443, s. 32.20.)

Editor's Note. - Session Laws 1997-16, s. 10 provides that this act does not appropriate funds to the Division to implement this act nor does it obligate the General Assembly to appropriate funds to implement this act.

§ 20-13. Suspension of license of provisional licensee.

1. The Division may suspend, with or without a preliminary hearing, the operator's license of a provisional licensee upon receipt of notice of the licensee's conviction of a motor vehicle moving violation, in accordance with subsection (b), if the offense was committed while the person was still a provisional licensee. As used in this section, the phrase "motor vehicle moving violation" does not include the offenses listed in the third paragraph of G.S. 20-16(c) for which no points are assessed, nor does it include equipment violations specified in Part 9 of Article 3 of this Chapter. However, if the Division revokes without a preliminary hearing and the person whose license is being revoked requests a hearing before the effective date of the revocation, the licensee retains his license unless it is revoked under some other provision of the law, until the hearing is held, the person withdraws his request, or he fails to appear at a scheduled hearing.
2. The Division may suspend the license of a provisional licensee as follows:
   1. For the first motor vehicle moving violation, the Division may not suspend the license of the provisional licensee.
   2. For conviction of a second motor vehicle moving violation committed within 12 months of the date the first offense was committed, the Division may suspend the licensee's license for up to 30 days.
   3. For conviction of a third motor vehicle moving violation committed within 12 months of the date the first offense was committed, the Division may suspend the licensee's license for up to 90 days.
   4. For conviction of a fourth motor vehicle moving violation committed within 12 months of the date the first offense was committed, the Division may suspend the licensee's license for up to six months.
3. In the event of conviction of two or more motor vehicle moving offenses committed on a single occasion, a licensee shall be charged, for purposes of this section, with only one moving offense, except as otherwise provided.
4. The suspension provided for in this section is in addition to any other remedies which the Division may have against a licensee under other provisions of law; however, when the license of any person is suspended under this section and at the same time is also suspended under other provisions of law, the suspensions run concurrently.
5. Repealed by Session Laws 1987, c. 869, s. 14, effective January 1, 1988.

The Division may, in lieu of suspension and with the written consent of the licensee, place the licensee on probation for a period of not more than 12 months on such terms and conditions as the Division sees fit to impose.

If the Division suspends the provisional licensee's license for at least 90 days without a preliminary hearing, the parent, guardian or other person standing in loco parentis of the provisional licensee may request a hearing to determine if the provisional licensee's license should be restored on a probationary status. The Division may wait until one-half the period of suspension has expired to hold the hearing. The Division may place the licensee on probation for up to 12 months on such terms and conditions as the Division sees fit to impose, if the licensee consents in writing to the terms and conditions of probation.

History

(1963, c. 968, s. 1; 1965, c. 897; 1967, c. 295, s. 1; 1971, c. 120, ss. 1, 2; 1973, c. 439; 1975, c. 716, s. 5; 1979, c. 555, s. 1; 1983, c. 538, ss. 1, 2; 1983 (Reg. Sess., 1984), c. 1101, s. 3; 1987, c. 744, ss. 3, 4; c. 869, s. 14.)

§ 20-13.2. Grounds for revoking provisional license.

1. The Division must revoke the license of a person convicted of violating the provisions of G.S. 20-138.3 upon receipt of a record of the licensee's conviction.
2. If a person is convicted of an offense involving impaired driving and the offense occurs while he is less than 21 years old, his license must be revoked under this section in addition to any other revocation required or authorized by law.
3. If a person willfully refuses to submit to a chemical analysis pursuant to G.S. 20-16.2 while he is less than 21 years old, his license must be revoked under this section, in addition to any other revocation required or authorized by law. A revocation order entered under authority of this subsection becomes effective at the same time as a revocation order issued under G.S. 20-16.2 for the same willful refusal.
4. Upon receipt of notification from the proper school authority that a person no longer meets the requirements for a driving eligibility certificate under G.S. 20-11(n), the Division must expeditiously notify the person that his or her permit or license is revoked effective on the tenth calendar day after the mailing of the revocation notice. The Division must revoke the permit or license of that person on the tenth calendar day after the mailing of the revocation notice. Notwithstanding subsection (d) of this section, the length of revocation must last for the following periods:
   1. If the revocation is because of ineligibility for a driving eligibility certificate under G.S. 20-11(n)(1), then the revocation shall last until the person's eighteenth birthday.
   2. If the revocation is because of ineligibility for a driving eligibility certificate under G.S. 20-11(n1), then the revocation shall be for a period of one year.
5. The Division must revoke the permit or license of a person under the age of 18 upon receiving a record of the person's conviction for malicious use of an explosive or incendiary device to damage property (G.S. 14-49(b) and (b1)); conspiracy to injure or damage by use of an explosive or incendiary device (G.S. 14-50); making a false report concerning a destructive device in a public building (G.S. 14-69.1(c)); perpetrating a hoax concerning a destructive device in a public building (G.S. 14-69.2(c)); possessing or carrying a dynamite cartridge, bomb, grenade, mine, or powerful explosive on educational property (G.S. 14-269.2(b1)); or causing, encouraging, or aiding a minor to possess or carry a dynamite cartridge, bomb, grenade, mine, or powerful explosive on educational property (G.S. 14-269.2(c1)).
6. The length of revocation under this section shall be one year. Revocations under this section run concurrently with any other revocations.
7. Before the Division restores a driver's license that has been suspended or revoked under any provision of this Article, other than G.S. 20-24.1, the person seeking to have his driver's license restored shall submit to the Division proof that he has notified his insurance agent or company of his seeking the restoration and that he is financially responsible. Proof of financial responsibility shall be in one of the following forms:
   1. A written certificate or electronically-transmitted facsimile thereof from any insurance carrier duly authorized to do business in this State certifying that there is in effect a nonfleet private passenger motor vehicle liability policy for the benefit of the person required to furnish proof of financial responsibility. The certificate or facsimile shall state the effective date and expiration date of the nonfleet private passenger motor vehicle liability policy and shall state the date that the certificate or facsimile is issued. The certificate or facsimile shall remain effective proof of financial responsibility for a period of 30 consecutive days following the date the certificate or facsimile is issued but shall not in and of itself constitute a binder or policy of insurance or
   2. A binder for or policy of nonfleet private passenger motor vehicle liability insurance under which the applicant is insured, provided that the binder or policy states the effective date and expiration date of the nonfleet private passenger motor vehicle liability policy.

For a person whose permit or license was revoked due to ineligibility for a driving eligibility certificate under G.S. 20-11(n)(1), the Division must restore a person's permit or license before the person's eighteenth birthday, if the person submits to the Division one of the following:

(1) A high school diploma or its equivalent.

(2) A driving eligibility certificate as required under G.S. 20-11(n).

If the Division restores a permit or license that was revoked due to ineligibility for a driving eligibility certificate under G.S. 20-11(n)(1), any record of revocation or suspension shall be expunged by the Division from the person's driving record. The Division shall not expunge a suspension or revocation record if a person has had a prior expunction from the person's driving record for any reason.

For a person whose permit or license was revoked due to ineligibility for a driving eligibility certificate under G.S. 20-11(n1), the Division shall restore a person's permit or license before the end of the revocation period, if the person submits to the Division a driving eligibility certificate as required under G.S. 20-11(n).

Notwithstanding any other law, the decision concerning whether a driving eligibility certificate was properly issued or improperly denied shall be appealed only as provided under the rules adopted in accordance with G.S. 115C-12(28), 115D-5(a3), or 115C-566, whichever is applicable, and may not be appealed under this Chapter.

The preceding provisions of this subsection do not apply to applicants who do not own currently registered motor vehicles and who do not operate nonfleet private passenger motor vehicles that are owned by other persons and that are not insured under commercial motor vehicle liability insurance policies. In such cases, the applicant shall sign a written certificate to that effect. Such certificate shall be furnished by the Division and may be incorporated into the restoration application form. Any material misrepresentation made by such person on such certificate shall be grounds for suspension of that person's license for a period of 90 days.

For the purposes of this subsection, the term "nonfleet private passenger motor vehicle" has the definition ascribed to it in Article 40 of General Statute Chapter 58.

The Commissioner may require that certificates required by this subsection be on a form approved by the Commissioner. The financial responsibility required by this subsection shall be kept in effect for not less than three years after the date that the license is restored. Failure to maintain financial responsibility as required by this subsection shall be grounds for suspending the restored driver's license for a period of thirty (30) days. Nothing in this subsection precludes any person from showing proof of financial responsibility in any other manner authorized by Articles 9A and 13 of this Chapter.

History

(1983, c. 435, s. 33; 1987, c. 869, s. 12; 1989, c. 436, s. 3; 1993, c. 285, s. 8; 1995, c. 506, ss. 3, 4, 5; 1997-507, s. 2; 1999-243, s. 3; 1999-257, s. 4; 2013-133, s. 1.)

Effect of Amendments. - Session Laws 2013-133, s. 1, effective December 1, 2013, added the last two sentences in the second paragraph of subsection (c1). For applicability, see Editor's note.

Legal Periodicals. - For survey on new penalties for criminal behavior in schools, see 22 Campbell L. Rev. 253 (2000).

Opinions of Attorney General

Regarding the application of this section to three separate groups of drivers based upon when driving privileges were received, see opinion of Attorney General to Michael E. Ward, State Superintendent of Public Instruction, N.C. General Assembly, 1999 N.C.A.G. 11 (10/14/99).

§ 20-13.3. Immediate civil license revocation for provisional licensees charged with certain offenses.

1. Definitions. - As used in this section, the following words and phrases have the following meanings:
   1. Clerk. - As defined in G.S. 15A-101(2).
   2. Criminal moving violation. - A violation of Part 9 or 10 of Article 3 of this Chapter which is punishable as a misdemeanor or a felony offense. This term does not include the offenses listed in the third paragraph of G.S. 20-16(c) for which no points are assessed, nor does it include equipment violations specified in Part 9 of Article 3 of this Chapter.
   3. Judicial official. - As defined in G.S. 15A-101(5).
   4. Provisional licensee. - A person under the age of 18 who has a limited learner's permit, a limited provisional license, or a full provisional license issued pursuant to G.S. 20-11.
   5. Revocation report. - A sworn statement by a law enforcement officer containing facts indicating that the conditions of subsection (b) of this section have been met.
2. Revocations for Provisional Licensees Charged With Criminal Moving Violation. - A provisional licensee's permit or license is subject to revocation under this section if a law enforcement officer has reasonable grounds to believe that the provisional licensee has committed a criminal moving violation, the provisional licensee is charged with that offense, and the provisional licensee is not subject to a civil revocation pursuant to G.S. 20-16.5.
3. Duty of Law Enforcement Officers to Notify Provisional Licensee and Report to Judicial Officials. - If a provisional licensee's permit or license is subject to revocation under this section, the law enforcement officer must execute a revocation report. It is the specific duty of the law enforcement officer to make sure that the report is expeditiously filed with a judicial official as required by this section. If no initial appearance is required on the underlying criminal moving violation at the time of the issuance of the charge, the law enforcement officer must verbally notify the provisional licensee that the provisional licensee's permit or license is subject to revocation pursuant to this section and must provide the provisional licensee with a written form containing notice of the process for revocation and hearing under this section.
4. Which Judicial Official Must Receive Report. - The judicial official with whom the revocation report must be filed is:
   1. The judicial official conducting the initial appearance on the underlying criminal moving violation.
   2. The clerk of superior court in the county in which the underlying criminal charge has been brought if no initial appearance is required.
5. Procedure If Report Filed With Judicial Official When Provisional Licensee Is Present. - If an initial appearance is required, the law enforcement officer must file the revocation report with the judicial official conducting the initial appearance on the underlying criminal moving violation. If a properly executed revocation report concerning a provisional licensee is filed with a judicial official when the person is present before that official, the judicial official shall, after completing any other proceedings involving the provisional licensee, determine whether there is probable cause to believe that the conditions of subsection (b) of this section have been met. If the judicial official determines there is such probable cause, the judicial official shall enter an order revoking the provisional licensee's permit or license. In addition to setting it out in the order, the judicial official shall personally inform the provisional licensee of the right to a hearing as specified in subsection (d2) of this section and that the provisional licensee's permit or license remains revoked pending the hearing. The period of revocation is for 30 days and begins at the time the revocation order is issued and continues for 30 additional calendar days. The judicial official shall give the provisional licensee a copy of the revocation order, which shall include the beginning date of the revocation and shall clearly state the final day of the revocation period and the date on which the provisional licensee's permit or license will again become valid. The provisional licensee shall not be required to surrender the provisional licensee's permit or license; however, the provisional licensee shall not be authorized to drive at any time or for any purpose during the period of revocation.
6. Procedure If Report Filed With Clerk of Court When Provisional Licensee Not Present. - When a clerk receives a properly executed report under subdivision (2) of subsection (c1) of this section and the provisional licensee named in the revocation report is not present before the clerk, the clerk shall determine whether there is probable cause to believe that the conditions of subsection (b) of this section have been met. If the clerk determines there is such probable cause, the clerk shall mail to the provisional licensee a revocation order by first-class mail. The order shall inform the provisional licensee that the period of revocation is for 30 days, that the revocation becomes effective on the fourth day after the order is deposited in the United States mail and continues for 30 additional calendar days, of the right to a hearing as specified in subsection (d2) of this section, and that the revocation remains in effect pending the hearing. The provisional licensee shall not be required to surrender the provisional licensee's permit or license; however, the provisional licensee shall not be authorized to drive at any time or for any purpose during the period of revocation.
7. Hearing Before Magistrate or Judge If Provisional Licensee Contests Validity of Revocation. - A provisional licensee whose permit or license is revoked under this section may request in writing a hearing to contest the validity of the revocation. The request may be made at the time of the person's initial appearance, or within 10 days of the effective date of the revocation to the clerk or a magistrate designated by the clerk, and may specifically request that the hearing be conducted by a district court judge. The Administrative Office of the Courts must develop a hearing request form for any provisional licensee requesting a hearing. Unless a district court judge is requested, the hearing must be conducted within the county by a magistrate assigned by the chief district court judge to conduct such hearings. If the provisional licensee requests that a district court judge hold the hearing, the hearing must be conducted within the district court district as defined in G.S. 7A-133 by a district court judge assigned to conduct such hearings. The revocation remains in effect pending the hearing, but the hearing must be held within three working days following the request if the hearing is before a magistrate or within ten working days if the hearing is before a district court judge. The request for the hearing must specify the grounds upon which the validity of the revocation is challenged, and the hearing must be limited to the grounds specified in the request. A witness may submit his evidence by affidavit unless he is subpoenaed to appear. Any person who appears and testifies is subject to questioning by the judicial official conducting the hearing, and the judicial official may adjourn the hearing to seek additional evidence if the judicial official is not satisfied with the accuracy or completeness of evidence. The provisional licensee contesting the validity of the revocation may, but is not required to, testify in his own behalf. Unless contested by the person requesting the hearing, the judicial official may accept as true any matter stated in the revocation report. If any relevant condition under subsection (b) of this section is contested, the judicial official must find by the greater weight of the evidence that the condition was met in order to sustain the revocation. At the conclusion of the hearing, the judicial official must enter an order sustaining or rescinding the revocation. The judicial official's findings are without prejudice to the provisional licensee contesting the revocation and to any other potential party as to any other proceedings, civil or criminal, that may involve facts bearing upon the conditions in subsection (b) of this section considered by the judicial official. The decision of the judicial official is final and may not be appealed in the General Court of Justice. If the hearing is not held and completed within three working days of the written request for a hearing before a magistrate or within ten working days of the written request for a hearing before a district court judge, the judicial official must enter an order rescinding the revocation, unless the provisional licensee contesting the revocation contributed to the delay in completing the hearing. If the provisional licensee requesting the hearing fails to appear at the hearing or any rescheduling thereof after having been properly notified, the provisional licensee forfeits the right to a hearing.
8. Report to Division. - The clerk shall notify the Division of the issuance of a revocation order pursuant to this section within two business days of the issuance of the revocation order. The notification shall identify the person whose provisional license has been revoked and specify the beginning and end date of the revocation period.
9. Effect of Revocations. - A revocation under this section revokes a provisional licensee's privilege to drive in North Carolina. Revocations under this section are independent of and run concurrently with any other revocations, except for a revocation pursuant to G.S. 20-16.5. Any civil revocation issued pursuant to G.S. 20-16.5 for the same underlying conduct as a revocation under this section shall have the effect of terminating a revocation pursuant to this section. No court imposing a period of revocation following conviction for an offense involving impaired driving may give credit for any period of revocation imposed under this section. A person whose license is revoked pursuant to this section is not eligible to receive a limited driving privilege.
10. Designation of Proceedings. - Proceedings under this section are civil actions and must be identified by the caption "In the Matter of ______________" and filed as directed by the Administrative Office of the Courts.
11. No drivers license points or insurance surcharge shall be assessed for a revocation pursuant to this section. Possession of a drivers license revoked pursuant to this section shall not be a violation of G.S. 20-30.
12. The Administrative Office of the Courts shall adopt forms to implement this section.

History

(2011-385, s. 4; 2011-412, s. 3.2; 2012-168, s. 3.)

Effect of Amendments. - Session Laws 2012-168, s. 3, effective October 1, 2012, added subsections (c1), (d1), (d2) and (i); in subsection (c), inserted "Notify Provisional Licensee and" in the subsection heading, deleted "and must take the provisional licensee before a judicial official for an initial appearance" at the end of the first sentence, and added the last sentence; in subsection (d), rewrote the subsection heading, added "If an initial appearance is required" at the beginning of the first sentence, and added the fourth sentence; and added the last sentence in subsection (h). For applicability, see Editor's note.

§ 20-14. Duplicate licenses.

A person may obtain a duplicate of a license issued by the Division by paying a fee of thirteen dollars ($13.00) and giving the Division satisfactory proof that any of the following has occurred:

1. The person's license has been lost or destroyed.
2. It is necessary to change the name or address on the license.
3. Because of age, the person is entitled to a license with a different color photographic background or a different color border.
4. The Division revoked the person's license, the revocation period has expired, and the period for which the license was issued has not expired.

History

(1935, c. 52, s. 9; 1943, c. 649, s. 2; 1969, c. 783, s. 2; 1975, c. 716, s. 5; 1979, c. 667, s. 41; 1981, c. 690, s. 11; 1983, c. 443, s. 3; 1991, c. 682, s. 2; c. 689, s. 327; 1991 (Reg. Sess., 1992), c. 1007, s. 28; 1995 (Reg. Sess., 1996), c. 675, s. 2; 2004-189, s. 5(b); 2005-276, s. 44.1(c); 2015-241, s. 29.30(c).)

Editor's Note. - Session Laws 2004-189, s. 5(c), as amended by Session Laws 2005-276, s. 44.1(q), provides: "The Division of Motor Vehicles shall retain a portion of five cents ($0.05) collected for the issuance of each drivers license and duplicate license to offset the actual cost of developing and maintaining the online Organ Donor Internet site established pursuant to Section 1 of this act. The remainder of the five cents ($0.05) shall be credited to the License to Give Trust Fund established under G.S. 20-7.4 and shall be used for the purposes authorized under G.S. 20-7.4 and G.S. 20-7.5."

Session Laws 2015-241, s. 29.30(u), made the amendment to this section by Session Laws 2015-241, s. 29.30(c), applicable to issuances, renewals, restorations, and requests on or after January 1, 2016.

Session Laws 2015-241, s. 1.1, provides: "This act shall be known as 'The Current Operations and Capital Improvements Appropriations Act of 2015.'"

Session Laws 2015-241, s. 33.6, is a severability clause.

Session Laws 2018-134, 3rd Ex. Sess., s. 1.1, provides: "This act shall be known as 'The Hurricane Florence Emergency Response Act.'"

Session Laws 2018-134, 3rd Ex. Sess., s. 5.5(a)-(c), provides: "(a) Notwithstanding G.S. 20-14, 20-37.7, 20-85, and 20-88.03, the Governor may waive any fees assessed by the Division of Motor Vehicles under those sections for the following:

"(1) A duplicate drivers license, duplicate commercial drivers license, or duplicate special identification card.

"(2) A special identification card issued to a person for the first time.

"(3) An application for a duplicate or corrected certificate of title.

"(4) A replacement registration plate.

"(5) An application for a duplicate registration card.

"(6) Late payment of a motor vehicle registration renewal fee.

"(b) The waiver authorized under subsection (a) of this section only applies to residents of counties impacted by Hurricane Florence, as determined by the Governor. A resident is allowed a refund of any fee assessed and collected by the Division of Motor Vehicles and waived pursuant to this section. The Division shall post notice of the availability of a refund on its Web site.

"(c) This section is effective when it becomes law and applies to fees assessed or collected on or after September 13, 2018. This section expires December 31, 2018."

Effect of Amendments. - Session Laws 2004-189, s. 5(b), effective November 1, 2004, substituted "ten dollars and five cents ($10.05)" for "ten dollars ($10.00)."

Session Laws 2005-276, s. 44.1(c), effective October 1, 2005, substituted "ten dollars ($10.00)" for "ten dollars and five cents ($10.05)" in the introductory paragraph.

Session Laws 2015-241, s. 29.30(c), effective January 1, 2016, substituted "thirteen dollars ($13.00)" for "ten dollars ($10.00)"in the introductory language. For applicability, see editor's note.

§ 20-15. Authority of Division to cancel license or endorsement.

1. The Division shall have authority to cancel any driver's license upon determining any of the following:
   1. The licensee was not entitled to the issuance of the license under this Chapter.
   2. The licensee failed to give the required or correct information on the license application or committed fraud in making the application.
   3. The licensee is no longer authorized under federal law to be legally present in the United States.
   4. The licensee suffers from a physical or mental disability or disease that affects his or her ability to safely operate a motor vehicle, as determined by the applicable State or federal law, rule, or regulation.
   5. The licensee has failed to submit the certificate required under G.S. 20-7(e) and G.S. 20-9(g).
2. Upon such cancellation, the licensee must surrender the license so cancelled to the Division.
3. Any person whose license is canceled under this section for failure to give the required or correct information, or for committing fraud, in an application for a commercial drivers license shall be prohibited from reapplying for a commercial drivers license for a period of 60 days from the date of cancellation.
4. The Division shall have authority to revoke an H endorsement of a commercial drivers license holder if the person with the endorsement is determined by the federal Transportation Security Administration to constitute a security threat, as specified in 49 C.F.R. § 1572.5(d)(4).

History

(1935, c. 52, s. 10; 1943, c. 649, s. 3; 1975, c. 716, s. 5; 1979, c. 667, s. 41; 2005-349, s. 5; 2007-56, s. 5; 2016-94, s. 35.20(e).)

Editor's Note. - Session Laws 2016-94, s. 35.20(h) made subdivisions (a)(4) and (5), as added by Session Laws 2016-94, s. 35.20(e), applicable to drivers licenses issued or renewed on or after July 1, 2016 and hearings requested on or after July 1, 2016.

Session Laws 2016-94, s. 1.2, provides: "This act shall be known as the 'Current Operations and Capital Improvements Appropriations Act of 2016.' "

Session Laws 2016-94, s. 39.4, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2016-2017 fiscal year, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2016-2017 fiscal year."

Session Laws 2016-94, s. 39.7, is a severability clause.

Effect of Amendments. - Session Laws 2005-349, s. 5, effective September 30, 2005, added "or endorsement" to the section heading and added subsections (c) and (d).

Session Laws 2007-56, s. 5, effective May 23, 2007, and applicable to drivers licenses issued or renewed on or after that date, rewrote subsection (a).

Session Laws 2016-94, s. 35.20(e), effective July 1, 2016, added subdivisions (a)(4) and (a)(5). ee editor's note for applicability.

§ 20-15.1. Revocations when licensing privileges forfeited.

The Division shall revoke the license of a person whose licensing privileges have been forfeited under G.S. 15A-1331.1, 50-13.12, and 110-142.2. If a revocation period set by this Chapter is longer than the revocation period resulting from the forfeiture of licensing privileges, the revocation period in this Chapter applies.

History

(1994, Ex. Sess., c. 20, s. 2; 1995, c. 538, s. 2(a); 2012-194, s. 45(b).)

Effect of Amendments. - Session Laws 2012-194, s. 45(b), effective July 17, 2012, substituted "G.S. 15A-1331.1" for "G.S. 15A-1331A".

§ 20-16. Authority of Division to suspend license.

1. The Division shall have authority to suspend the license of any operator with or without a preliminary hearing upon a showing by its records or other satisfactory evidence that the licensee:
   1. through (4) Repealed by Session Laws 1979, c. 36;
   2. Has been convicted of impaired instruction under G.S. 20-12.1;
   3. Has violated on a military installation a regulation of that installation prohibiting conduct substantially similar to conduct that constitutes impaired driving under G.S. 20-138.1 and, as a result of that violation, has had his privilege to drive on that installation revoked or suspended after an administrative hearing authorized by the commanding officer of the installation and that commanding officer has general court martial jurisdiction;
   4. Has been convicted of operating a motor vehicle at a speed in excess of 80 miles per hour on a public highway where the maximum speed is 70 miles per hour; or
2. Pending an appeal from a conviction of any violation of the motor vehicle laws of this State, no driver's license shall be suspended by the Division of Motor Vehicles because of such conviction or because of evidence of the commission of the offense for which the conviction has been had.
3. The Division shall maintain a record of convictions of every person licensed or required to be licensed under the provisions of this Article as an operator and shall enter therein records of all convictions of such persons for any violation of the motor vehicle laws of this State and shall assign to the record of such person, as of the date of commission of the offense, a number of points for every such conviction in accordance with the following schedule of convictions and points, except that points shall not be assessed for convictions resulting in suspensions or revocations under other provisions of laws: Further, any points heretofore charged for violation of the motor vehicle inspection laws shall not be considered by the Division of Motor Vehicles as a basis for suspension or revocation of driver's license:
4. If the Division revokes a person's drivers license pursuant to G.S. 20-17(a)(16), a judge may allow the licensee a limited driving privilege for a period not to exceed the period of revocation. The limited driving privilege shall be issued in the same manner and under the terms and conditions prescribed in G.S. 20-16.1(b)(1), (2), (3), (4), (5), and (g).

(5) Has, under the provisions of subsection (c) of this section, within a three-year period, accumulated 12 or more points, or eight or more points in the three-year period immediately following the reinstatement of a license which has been suspended or revoked because of a conviction for one or more traffic offenses;

(6) Has made or permitted an unlawful or fraudulent use of such license or a learner's permit, or has displayed or represented as his own, a license or learner's permit not issued to him;

(7) Has committed an offense in another state, which if committed in this State would be grounds for suspension or revocation;

(8) Has been convicted of illegal transportation of alcoholic beverages;

(9) Has, within a period of 12 months, been convicted of (i) two or more charges of speeding in excess of 55 and not more than 80 miles per hour, (ii) one or more charges of reckless driving and one or more charges of speeding in excess of 55 and not more than 80 miles per hour, or (iii) one or more charges of aggressive driving and one or more charges of speeding in excess of 55 and not more than 80 miles per hour;

(10) Has been convicted of operating a motor vehicle at a speed in excess of 75 miles per hour on a public road or highway where the maximum speed is less than 70 miles per hour;

(11) Has been sentenced by a court of record and all or a part of the sentence has been suspended and a condition of suspension of the sentence is that the operator not operate a motor vehicle for a period of time.

However, if the Division revokes without a preliminary hearing and the person whose license is being revoked requests a hearing before the effective date of the revocation, the licensee retains his license unless it is revoked under some other provision of the law, until the hearing is held, the person withdraws his request, or he fails to appear at a scheduled hearing.

Schedule of Point Values

Passing stopped school bus .............................................5
Aggressive driving .....................................................5
Reckless driving .......................................................4
Hit and run, property damage only ......................................4
Following too close ....................................................4
Driving on wrong side of road ..........................................4
Illegal passing ........................................................4
Failure to yield right-of-way to pedestrian

pursuant to G.S. 20-158(b)(2)b. ..........................................4
Failure to yield right-of-way to bicycle,

motor scooter, or motorcycle .............................................4
Running through stop sign ..............................................3
Speeding in excess of 55 miles per hour ................................3
Failing to yield right-of-way ..........................................3
Running through red light ..............................................3
No driver's license or license expired more than one year ..............3
Failure to stop for siren ..............................................3
Driving through safety zone ............................................3
No liability insurance .................................................3
Failure to report accident where such report is required ...............3
Speeding in a school zone in excess of the posted school

zone speed limit .........................................................3
Failure to properly restrain a child in a restraint or seat belt .......2
All other moving violations ............................................2
Littering pursuant to G.S. 14-399 when the littering

involves the use of a motor vehicle ......................................1

Schedule of Point Values for Violations While Operating a Commercial Motor Vehicle

Passing stopped school bus .............................................8
Rail-highway crossing violation ........................................6
Careless and reckless driving in violation of

G.S. 20-140(f) ...........................................................6
Speeding in violation of G.S. 20-141(j3) ...............................6
Aggressive driving .....................................................6
Reckless driving .......................................................5
Hit and run, property damage only ......................................5
Following too close ....................................................5
Driving on wrong side of road ..........................................5
Illegal passing ........................................................5
Failure to yield right-of-way to pedestrian

pursuant to G.S. 20-158(b)(2)b. ..........................................5
Failure to yield right-of-way to bicycle,

motor scooter, or motorcycle .............................................5
Running through stop sign ..............................................4
Speeding in excess of 55 miles per hour ................................4
Failing to yield right-of-way ..........................................4
Running through red light ..............................................4
No driver's license or license expired more than one year ..............4
Failure to stop for siren ..............................................4
Driving through safety zone ............................................4
No liability insurance .................................................4
Failure to report accident where such report is required ...............4
Speeding in a school zone in excess of the posted school

zone speed limit .........................................................4
Possessing alcoholic beverages in the passenger area of

a commercial motor vehicle ...............................................4
All other moving violations ............................................3
Littering pursuant to G.S. 14-399 when the littering

involves the use of a motor vehicle ......................................1
The above provisions of this subsection shall only apply to violations and convictions which take place within the State of North Carolina. The Schedule of Point Values for Violations While Operating a Commercial Motor Vehicle shall not apply to any commercial motor vehicle known as an "aerial lift truck" having a hydraulic arm and bucket station, and to any commercial motor vehicle known as a "line truck" having a hydraulic lift for cable, if the vehicle is owned, operated by or under contract to a public utility, electric or telephone membership corporation or municipality and used in connection with installation, restoration or maintenance of utility services.
No points shall be assessed for conviction of the following offenses:

Overloads

Over length

Over width

Over height

Illegal parking

Carrying concealed weapon

Improper plates

Improper registration

Improper muffler

Improper display of license plates or dealers' tags

Unlawful display of emblems and insignia

Failure to display current inspection certificate.
In case of the conviction of a licensee of two or more traffic offenses committed on a single occasion, such licensee shall be assessed points for one offense only and if the offenses involved have a different point value, such licensee shall be assessed for the offense having the greater point value.
Upon the restoration of the license or driving privilege of such person whose license or driving privilege has been suspended or revoked because of conviction for a traffic offense, any points that might previously have been accumulated in the driver's record shall be cancelled.
Whenever any licensee accumulates as many as seven points or accumulates as many as four points during a three-year period immediately following reinstatement of his license after a period of suspension or revocation, the Division may request the licensee to attend a conference regarding such licensee's driving record. The Division may also afford any licensee who has accumulated as many as seven points or any licensee who has accumulated as many as four points within a three-year period immediately following reinstatement of his license after a period of suspension or revocation an opportunity to attend a driver improvement clinic operated by the Division and, upon the successful completion of the course taken at the clinic, three points shall be deducted from the licensee's conviction record; provided, that only one deduction of points shall be made on behalf of any licensee within any five-year period.
When a license is suspended under the point system provided for herein, the first such suspension shall be for not more than 60 days; the second such suspension shall not exceed six months and any subsequent suspension shall not exceed one year.
Whenever the driver's license of any person is subject to suspension under this subsection and at the same time also subject to suspension or revocation under other provisions of laws, such suspensions or revocations shall run concurrently.
In the discretion of the Division, a period of probation not to exceed one year may be substituted for suspension or for any unexpired period of suspension under subsections (a)(1) through (a)(10a) of this section. Any violation of probation during the probation period shall result in a suspension for the unexpired remainder of the suspension period. Any accumulation of three or more points under this subsection during a period of probation shall constitute a violation of the condition of probation.

(d) Upon suspending the license of any person as authorized in this section, the Division shall immediately notify the licensee in writing and upon his request shall afford him an opportunity for a hearing, not to exceed 60 days after receipt of the request, unless a preliminary hearing was held before his license was suspended. Upon such hearing the duly authorized agents of the Division may administer oaths and may issue subpoenas for the attendance of witnesses and the production of relevant books and papers and may require a reexamination of the licensee. Upon such hearing the Division shall either rescind its order of suspension, or good cause appearing therefor, may extend the suspension of such license. Provided further upon such hearing, preliminary or otherwise, involving subsections (a)(1) through (a)(10a) of this section, the Division may for good cause appearing in its discretion substitute a period of probation not to exceed one year for the suspension or for any unexpired period of suspension. Probation shall mean any written agreement between the suspended driver and a duly authorized representative of the Division and such period of probation shall not exceed one year, and any violation of the probation agreement during the probation period shall result in a suspension for the unexpired remainder of the suspension period. The authorized agents of the Division shall have the same powers in connection with a preliminary hearing prior to suspension as this subsection provided in connection with hearings held after suspension. These agents shall also have the authority to take possession of a surrendered license on behalf of the Division if the suspension is upheld and the licensee requests that the suspension begin immediately.

(e) The Division may conduct driver improvement clinics for the benefit of those who have been convicted of one or more violations of this Chapter. Each driver attending a driver improvement clinic shall pay a fee of sixty-five dollars ($65.00).

(e1) Notwithstanding any other provision of this Chapter, if the Division suspends the license of an operator pursuant to subdivisions (a)(9), (a)(10), or (a)(10a) of this section, upon the first suspension only, a district court judge may allow the licensee a limited driving privilege or license for a period not to exceed 12 months, provided he has not been convicted of any other motor vehicle moving violation within the previous 12 months. The limited driving privilege shall be issued in the same manner and under the terms and conditions prescribed in G.S. 20-16.1(b)(1), (2), (3), (4), and (5).

History

(1935, c. 52, s. 11; 1947, c. 893, ss. 1, 2; c. 1067, s. 13; 1949, c. 373, ss. 1, 2; c. 1032, s. 2; 1953, c. 450; 1955, c. 1152, s. 15; c. 1187, ss. 9-12; 1957, c. 499, s. 1; 1959, c. 1242, ss. 1-2; 1961, c. 460, ss. 1, 2(a); 1963, c. 1115; 1965, c. 130; 1967, c. 16; 1971, c. 234, ss. 1, 2; c. 793, ss. 1, 2; c. 1198, ss. 1, 2; 1973, c. 17, ss. 1, 2; 1975, c. 716, s. 5; 1977, c. 902, s. 1; 1979, c. 36; c. 667, ss. 18, 41; 1981, c. 412, s. 4; c. 747, ss. 33, 66; 1981 (Reg. Sess., 1982), c. 1256; 1983, c. 435, s. 10; c. 538, ss. 3-5; c. 798; 1983 (Reg. Sess., 1984), c. 1101, s. 4; 1987, c. 744, ss. 1, 2; 1987 (Reg. Sess., 1988), c. 1037, s. 75; 1989, c. 784, s. 9; 1991, c. 682, s. 3; 1999-330, s. 7; 1999-452, s. 10; 2000-109, s. 7(d); 2000-117, s. 2; 2000-155, s. 10; 2001-352, s. 2; 2004-172, s. 3; 2004-193, ss. 2, 3; 2005-276, s. 44.1(d); 2015-241, s. 29.30(d).)

Cross References. - As to period of suspension or revocation, see G.S. 20-19 and note to G.S. 20-17.

Editor's Note. - A reference to subdivisions (a)(1) through (a)(10a) of this section appears in the last paragraph of subsection (c) and in subsection (d). Subdivisions (a)(1) through (a)(4) were repealed by Session Laws 1979, c. 36.

Session Laws 2015-241, s. 29.30(u), made the amendment to subsection (e) of this section by Session Laws 2015-241, s. 29.30(d), applicable to issuances, renewals, restorations, and requests on or after January 1, 2016.

Session Laws 2015-241, s. 1.1, provides: "This act shall be known as 'The Current Operations and Capital Improvements Appropriations Act of 2015.'"

Session Laws 2015-241, s. 33.6, is a severability clause.

Effect of Amendments. - Session Laws 2004-172, s. 3, effective December 1, 2004, in subsection (c), inserted "Failure to yield right-of-way to pedestrian pursuant to G.S. 20-158(b)(2)b. . . . 4" and "Failure to yield right-of-way to bicycle, motor scooter, or motorcycle . . . 4" preceding "Running through stop sign . . . 3" under "Schedule of Point Values," inserted "Failure to yield right-of-way to pedestrian pursuant to G.S. 20-158(b)(2)b. . . . 5" and "Failure to yield right-of-way to bicycle, motor scooter, or motorcycle . . . 5" preceding "Running through stop sign" under "Schedule of Point Values for Violations While Operating a Commercial Motor Vehicle."

Session Laws 2004-193, ss. 2 and 3, effective December 1, 2004, in subdivision (a)(9), inserted "(i)" preceding "two or more," substituted "hour, (ii)" for "hour, or of," and added ",or (iii) one or more charges of aggressive driving and one or more charges of speeding in excess of 55 and not more than 80 miles per hour" at the end of the sentence; in subsection (c), inserted "Aggressive driving....5" in the "Schedule of Point Values," and inserted "Aggressive driving....6" in the "Schedule of Point Values for Violations While Operating a Commercial Motor Vehicle."

Session Laws 2005-276, s. 44.1(d), effective October 1, 2005, substituted "fifty dollars ($50.00)" for "twenty-five dollars ($25.00)" in subsection (e).

Session Laws 2015-241, s. 29.30(d), effective January 1, 2016, substituted "sixty-five dollars ($65.00)" for "fifty dollars ($50.00)" in subsection (e). For applicability, see editor's note.

Legal Periodicals. - For brief discussion of the 1949 amendments, see 27 N.C.L. Rev. 371, 372 (1949).

For article on administrative hearing for suspension of driver's license, see 30 N.C.L. Rev. 27 (1951).

For note as to effect of plea of nolo contendere, see 32 N.C.L. Rev. 549 (1954).

For a survey of 1996 developments in constitutional law, see 75 N.C.L. Rev. 2315 (1997).

§ 20-16.01. Double penalties for offenses committed while operating a commercial motor vehicle.

Any person who commits an offense for which points may be assessed pursuant to the Schedule of Point Values for Violations While Operating a Commercial Motor Vehicle as provided in G.S. 20-16(c) may be assessed double the amount of any fine or penalty authorized by statute.

History

(1999-330, s. 8.)

Editor's Note. - The number of this section was assigned by the Revisor of Statutes, the number in Session Laws 1999-330, s. 10 having been 20-16A.

§ 20-16.1. Mandatory suspension of driver's license upon conviction of excessive speeding; limited driving permits for first offenders.

1. Notwithstanding any other provisions of this Article, the Division shall suspend for a period of 30 days the license of any driver without preliminary hearing on receiving a record of the driver's conviction of either (i) exceeding by more than 15 miles per hour the speed limit, either within or outside the corporate limits of a municipality, if the person was also driving at a speed in excess of 55 miles per hour at the time of the offense, or (ii) driving at a speed in excess of 80 miles per hour at the time of the offense.
2. 1. Upon a first conviction only of violating subsection (a), the trial judge may when feasible allow a limited driving privilege or license to the person convicted for proper purposes reasonably connected with the health, education and welfare of the person convicted and his family. For purposes of determining whether conviction is a first conviction, no prior offense occurring more than seven years before the date of the current offense shall be considered. The judge may impose upon such limited driving privilege any restrictions as in his discretion are deemed advisable including, but not limited to, conditions of days, hours, types of vehicles, routes, geographical boundaries and specific purposes for which limited driving privilege is allowed. Any such limited driving privilege allowed and restrictions imposed thereon shall be specifically recorded in a written judgment which shall be as near as practical to that hereinafter set forth and shall be signed by the trial judge and shall be affixed with the seal of the court and shall be made a part of the records of the said court. A copy of said judgment shall be transmitted to the Division of Motor Vehicles along with any driver's license in the possession of the person convicted and a notice of the conviction. Such permit issued hereunder shall be valid for 30 days from the date of issuance by trial court. Such permit shall constitute a valid license to operate motor vehicles of the class or type that would be allowed by the person's license if it were not currently revoked upon the streets and highways of this or any other state in accordance with the restrictions noted thereon and shall be subject to all provisions of law relating to driver's license, not by their nature, rendered inapplicable. (b) (1)  Upon a first conviction only of violating subsection (a), the trial judge may when feasible allow a limited driving privilege or license to the person convicted for proper purposes reasonably connected with the health, education and welfare of the person convicted and his family. For purposes of determining whether conviction is a first conviction, no prior offense occurring more than seven years before the date of the current offense shall be considered. The judge may impose upon such limited driving privilege any restrictions as in his discretion are deemed advisable including, but not limited to, conditions of days, hours, types of vehicles, routes, geographical boundaries and specific purposes for which limited driving privilege is allowed. Any such limited driving privilege allowed and restrictions imposed thereon shall be specifically recorded in a written judgment which shall be as near as practical to that hereinafter set forth and shall be signed by the trial judge and shall be affixed with the seal of the court and shall be made a part of the records of the said court. A copy of said judgment shall be transmitted to the Division of Motor Vehicles along with any driver's license in the possession of the person convicted and a notice of the conviction. Such permit issued hereunder shall be valid for 30 days from the date of issuance by trial court. Such permit shall constitute a valid license to operate motor vehicles of the class or type that would be allowed by the person's license if it were not currently revoked upon the streets and highways of this or any other state in accordance with the restrictions noted thereon and shall be subject to all provisions of law relating to driver's license, not by their nature, rendered inapplicable.
   2. The judgment issued by the trial judge as herein permitted shall as near as practical be in form and content as follows:
   3. Upon conviction of such offense outside the jurisdiction of this State the person so convicted may apply to a district court judge of the district or set of districts as defined in G.S. 7A-41.1(a) in which he resides for limited driving privileges hereinbefore defined. Upon such application the judge shall have the authority to issue such limited driving privileges in the same manner as if he were the trial judge.
   4. Any violation of the restrictive driving privileges as set forth in the judgment of the trial judge allowing such privileges shall constitute the offense of driving while license has been suspended as set forth in G.S. 20-28. Whenever a person is charged with operating a motor vehicle in violation of the restrictions, the limited driving privilege shall be suspended pending the final disposition of the charge.
   5. This section is supplemental and in addition to existing law and shall not be construed so as to repeal any existing provision contained in the General Statutes of North Carolina.
3. Upon conviction of a similar second or subsequent offense which offense occurs within one year of the first or prior offense, the license of such operator shall be suspended for 60 days, provided such first or prior offense occurs subsequent to July 1, 1953.
4. Notwithstanding any other provisions of this Article, the Division shall suspend for a period of 60 days the license of any driver without preliminary hearing on receiving a record of such driver's conviction of having violated the laws against speeding described in subsection (a) and of having violated the laws against reckless driving on the same occasion as the speeding offense occurred.
5. The provisions of this section shall not prevent the suspension or revocation of a license for a longer period of time where the same may be authorized by other provisions of law.
6. Repealed by Session Laws 1987, c. 869, s. 14.
7. Any judge granting limited driving privileges under this section shall, prior to granting such privileges, be furnished proof and be satisfied that the person being granted such privileges is financially responsible. Proof of financial responsibility shall be in one of the following forms:
   1. A written certificate or electronically-transmitted facsimile thereof from any insurance carrier duly authorized to do business in this State certifying that there is in effect a nonfleet private passenger motor vehicle liability policy for the benefit of the person required to furnish proof of financial responsibility. The certificate or facsimile shall state the effective date and expiration date of the nonfleet private passenger motor vehicle liability policy and shall state the date that the certificate or facsimile is issued. The certificate or facsimile shall remain effective proof of financial responsibility for a period of 30 consecutive days following the date the certificate or facsimile is issued but shall not in and of itself constitute a binder or policy of insurance or
   2. A binder for or policy of nonfleet private passenger motor vehicle liability insurance under which the applicant is insured, provided that the binder or policy states the effective date and expiration date of the nonfleet private passenger motor vehicle liability policy.

IN THE GENERAL COURT

STATE OF NORTH CAROLINA OF JUSTICE

CAROLINA RESTRICTED DRIVING

COUNTY OF ............ PRIVILEGES

This cause coming on to be heard and being heard before the Honorable ________, Judge presiding, and it appearing to the court that the defendant, ________, has been convicted of the offense of excessive speeding in violation of G.S. 20-16.1(a), and it further appearing to the court that the defendant should be issued a restrictive driving license and is entitled to the issuance of a restrictive driving privilege under and by the authority of G.S. 20-16.1(b);

Now, therefore, it is ordered, adjudged and decreed that the defendant be allowed to operate a motor vehicle under the following conditions and under no other circumstances.


Name: _____________________________________________________________________


Race: __________________ Sex: _____________________________________


Height: __________________ Weight: ________________________________


Color of Hair: ____________ Color of Eyes: ________________________


Birth Date: _______________________________________________________________


Driver's License Number: __________________________________________________


Signature of Licensee: __________________________________________________
Conditions of Restriction:
______________________________________________________________________________


Type of Vehicle: ________________________________________________________


Geographic Restrictions: ________________________________________________


Hours of Restriction: ___________________________________________________


Other Restrictions: _____________________________________________________


This limited license shall be effective from ________ to ________ subject to further orders as the court in its discretion may deem necessary and proper.


This the ________ day of ________, ________


_________________________________________________________________

(Judge Presiding)

The preceding provisions of this subsection do not apply to applicants who do not own currently registered motor vehicles and who do not operate nonfleet private passenger motor vehicles that are owned by other persons and that are not insured under commercial motor vehicle liability insurance policies. In such cases, the applicant shall sign a written certificate to that effect. Such certificate shall be furnished by the Division. Any material misrepresentation made by such person on such certificate shall be grounds for suspension of that person's license for a period of 90 days.

For the purpose of this subsection "nonfleet private passenger motor vehicle" has the definition ascribed to it in Article 40 of General Statute Chapter 58.

The Commissioner may require that certificates required by this subsection be on a form approved by the Commissioner. Such granting of limited driving privileges shall be conditioned upon the maintenance of such financial responsibility during the period of the limited driving privilege. Nothing in this subsection precludes any person from showing proof of financial responsibility in any other manner authorized by Articles 9A and 13 of this Chapter.

History

(1953, c. 1223; 1955, c. 1187, s. 15; 1959, c. 1264, s. 4; 1965, c. 133; 1975, c. 716, s. 5; c. 763; 1979, c. 667, ss. 19, 41; 1983, c. 77; 1987, c. 869, ss. 13, 14; 1989, c. 436, s. 4; 770, s. 57; 1995 (Reg. Sess., 1996), c. 652, s. 2; 1999-456, s. 59; 2004-199, s. 13(a).)

Cross References. - As to mandatory revocation of license for refusal to submit to chemical test to determine alcoholic content of blood, see G.S. 20-16.2.

Effect of Amendments. - Session Laws 2004-199, s. 13(a), effective August 17, 2004, substituted "a district court judge" for "the resident judge of the superior court" in the first sentence of subsection (b)(3).

§ 20-16.2. Implied consent to chemical analysis; mandatory revocation of license in event of refusal; right of driver to request analysis.

1. Basis for Officer to Require Chemical Analysis; Notification of Rights. - Any person who drives a vehicle on a highway or public vehicular area thereby gives consent to a chemical analysis if charged with an implied-consent offense. Any law enforcement officer who has reasonable grounds to believe that the person charged has committed the implied-consent offense may obtain a chemical analysis of the person.
   1. You have been charged with an implied-consent offense. Under the implied-consent law, you can refuse any test, but your drivers license will be revoked for one year and could be revoked for a longer period of time under certain circumstances, and an officer can compel you to be tested under other laws.
   2. Repealed by Session Laws 2006-253, s. 15, effective December 1, 2006, and applicable to offenses committed on or after that date.
   3. The test results, or the fact of your refusal, will be admissible in evidence at trial.
   4. Your driving privilege will be revoked immediately for at least 30 days if you refuse any test or the test result is 0.08 or more, 0.04 or more if you were driving a commercial vehicle, or 0.01 or more if you are under the age of 21.
   5. After you are released, you may seek your own test in addition to this test.
   6. You may call an attorney for advice and select a witness to view the testing procedures remaining after the witness arrives, but the testing may not be delayed for these purposes longer than 30 minutes from the time you are notified of these rights. You must take the test at the end of 30 minutes even if you have not contacted an attorney or your witness has not arrived.
2. Meaning of Terms. - Under this section, an "implied-consent offense" is an offense involving impaired driving, a violation of G.S. 20-141.4(a2), or an alcohol-related offense made subject to the procedures of this section. A person is "charged" with an offense if the person is arrested for it or if criminal process for the offense has been issued.
3. Unconscious Person May Be Tested. - If a law enforcement officer has reasonable grounds to believe that a person has committed an implied-consent offense, and the person is unconscious or otherwise in a condition that makes the person incapable of refusal, the law enforcement officer may direct the taking of a blood sample or may direct the administration of any other chemical analysis that may be effectively performed. In this instance the notification of rights set out in subsection (a) and the request required by subsection (c) are not necessary.
4. Request to Submit to Chemical Analysis. - A law enforcement officer or chemical analyst shall designate the type of test or tests to be given and may request the person charged to submit to the type of chemical analysis designated. If the person charged willfully refuses to submit to that chemical analysis, none may be given under the provisions of this section, but the refusal does not preclude testing under other applicable procedures of law.
5. Procedure for Reporting Results and Refusal to Division. - Whenever a person refuses to submit to a chemical analysis, a person has an alcohol concentration of 0.15 or more, or a person's drivers license has an alcohol concentration restriction and the results of the chemical analysis establish a violation of the restriction, the law enforcement officer and the chemical analyst shall without unnecessary delay go before an official authorized to administer oaths and execute an affidavit(s) stating that:
   1. The person was charged with an implied-consent offense or had an alcohol concentration restriction on the drivers license;
   2. A law enforcement officer had reasonable grounds to believe that the person had committed an implied-consent offense or violated the alcohol concentration restriction on the drivers license;
   3. Whether the implied-consent offense charged involved death or critical injury to another person, if the person willfully refused to submit to chemical analysis;
   4. The person was notified of the rights in subsection (a); and
   5. The results of any tests given or that the person willfully refused to submit to a chemical analysis.
6. Consequences of Refusal; Right to Hearing before Division; Issues. - Upon receipt of a properly executed affidavit required by subsection (c1), the Division shall expeditiously notify the person charged that the person's license to drive is revoked for 12 months, effective on the tenth calendar day after the mailing of the revocation order unless, before the effective date of the order, the person requests in writing a hearing before the Division. Except for the time referred to in G.S. 20-16.5, if the person shows to the satisfaction of the Division that his or her license was surrendered to the court, and remained in the court's possession, then the Division shall credit the amount of time for which the license was in the possession of the court against the 12-month revocation period required by this subsection. If the person properly requests a hearing, the person retains his or her license, unless it is revoked under some other provision of law, until the hearing is held, the person withdraws the request, or the person fails to appear at a scheduled hearing. The hearing officer may subpoena any witnesses or documents that the hearing officer deems necessary. The person may request the hearing officer to subpoena the charging officer, the chemical analyst, or both to appear at the hearing if the person makes the request in writing at least three days before the hearing. The person may subpoena any other witness whom the person deems necessary, and the provisions of G.S. 1A-1, Rule 45, apply to the issuance and service of all subpoenas issued under the authority of this section. The hearing officer is authorized to administer oaths to witnesses appearing at the hearing. The hearing shall be conducted in the county where the charge was brought, and shall be limited to consideration of whether:
   1. The person was charged with an implied-consent offense or the driver had an alcohol concentration restriction on the drivers license pursuant to G.S. 20-19;
   2. A law enforcement officer had reasonable grounds to believe that the person had committed an implied-consent offense or violated the alcohol concentration restriction on the drivers license;
   3. The implied-consent offense charged involved death or critical injury to another person, if this allegation is in the affidavit;
   4. The person was notified of the person's rights as required by subsection (a); and
   5. The person willfully refused to submit to a chemical analysis.
7. Consequences of Refusal in Case Involving Death or Critical Injury. - If the refusal occurred in a case involving death or critical injury to another person, no limited driving privilege may be issued. The 12-month revocation begins only after all other periods of revocation have terminated unless the person's license is revoked under G.S. 20-28, 20-28.1, 20-19(d), or 20-19(e). If the revocation is based on those sections, the revocation under this subsection begins at the time and in the manner specified in subsection (d) for revocations under this section. However, the person's eligibility for a hearing to determine if the revocation under those sections should be rescinded is postponed for one year from the date on which the person would otherwise have been eligible for the hearing. If the person's driver's license is again revoked while the 12-month revocation under this subsection is in effect, that revocation, whether imposed by a court or by the Division, may only take effect after the period of revocation under this subsection has terminated.
8. Right to Hearing in Superior Court. - If the revocation for a willful refusal is sustained after the hearing, the person whose license has been revoked has the right to file a petition in the superior court district or set of districts defined in G.S. 7A-41.1, where the charges were made, within 30 days thereafter for a hearing on the record. The superior court review shall be limited to whether there is sufficient evidence in the record to support the Commissioner's findings of fact and whether the conclusions of law are supported by the findings of fact and whether the Commissioner committed an error of law in revoking the license.
9. Limited Driving Privilege after Six Months in Certain Instances. - A person whose driver's license has been revoked under this section may apply for and a judge authorized to do so by this subsection may issue a limited driving privilege if:
   1. At the time of the refusal the person held either a valid drivers license or a license that had been expired for less than one year;
   2. At the time of the refusal, the person had not within the preceding seven years been convicted of an offense involving impaired driving;
   3. At the time of the refusal, the person had not in the preceding seven years willfully refused to submit to a chemical analysis under this section;
   4. The implied consent offense charged did not involve death or critical injury to another person;
   5. The underlying charge for which the defendant was requested to submit to a chemical analysis has been finally disposed of:
      1. Other than by conviction; or
      2. By a conviction of impaired driving under G.S. 20-138.1, at a punishment level authorizing issuance of a limited driving privilege under G.S. 20-179.3(b), and the defendant has complied with at least one of the mandatory conditions of probation listed for the punishment level under which the defendant was sentenced;
   6. Subsequent to the refusal the person has had no unresolved pending charges for or additional convictions of an offense involving impaired driving;
   7. The person's license has been revoked for at least six months for the refusal; and
   8. The person has obtained a substance abuse assessment from a mental health facility and successfully completed any recommended training or treatment program.
10. Notice to Other States as to Nonresidents. - When it has been finally determined under the procedures of this section that a nonresident's privilege to drive a motor vehicle in this State has been revoked, the Division shall give information in writing of the action taken to the motor vehicle administrator of the state of the person's residence and of any state in which the person has a license.
11. Repealed by Session Laws 1973, c. 914.
12. Repealed by Session Laws 1979, c. 423, s. 2.
13. Right to Chemical Analysis before Arrest or Charge. - A person stopped or questioned by a law enforcement officer who is investigating whether the person may have committed an implied consent offense may request the administration of a chemical analysis before any arrest or other charge is made for the offense. Upon this request, the officer shall afford the person the opportunity to have a chemical analysis of his or her breath, if available, in accordance with the procedures required by G.S. 20-139.1(b). The request constitutes the person's consent to be transported by the law enforcement officer to the place where the chemical analysis is to be administered. Before the chemical analysis is made, the person shall confirm the request in writing and shall be notified:
    1. That the test results will be admissible in evidence and may be used against you in any implied consent offense that may arise;
    2. Your driving privilege will be revoked immediately for at least 30 days if the test result is 0.08 or more, 0.04 or more if you were driving a commercial vehicle, or 0.01 or more if you are under the age of 21.
    3. That if you fail to comply fully with the test procedures, the officer may charge you with any offense for which the officer has probable cause, and if you are charged with an implied consent offense, your refusal to submit to the testing required as a result of that charge would result in revocation of your driving privilege. The results of the chemical analysis are admissible in evidence in any proceeding in which they are relevant.

Before any type of chemical analysis is administered the person charged shall be taken before a chemical analyst authorized to administer a test of a person's breath or a law enforcement officer who is authorized to administer chemical analysis of the breath, who shall inform the person orally and also give the person a notice in writing that:

If the person's drivers license has an alcohol concentration restriction, pursuant to G.S. 20-19(c3), and an officer has reasonable grounds to believe the person has violated a provision of that restriction other than violation of the alcohol concentration level, the officer and chemical analyst shall complete the applicable sections of the affidavit and indicate the restriction which was violated. The officer shall immediately mail the affidavit(s) to the Division. If the officer is also the chemical analyst who has notified the person of the rights under subsection (a), the officer may perform alone the duties of this subsection.

If the Division finds that the conditions specified in this subsection are met, it shall order the revocation sustained. If the Division finds that any of the conditions (1), (2), (4), or (5) is not met, it shall rescind the revocation. If it finds that condition (3) is alleged in the affidavit but is not met, it shall order the revocation sustained if that is the only condition that is not met; in this instance subsection (d1) does not apply to that revocation. If the revocation is sustained, the person shall surrender his or her license immediately upon notification by the Division.

Except as modified in this subsection, the provisions of G.S. 20-179.3 relating to the procedure for application and conduct of the hearing and the restrictions required or authorized to be included in the limited driving privilege apply to applications under this subsection. If the case was finally disposed of in the district court, the hearing shall be conducted in the district court district as defined in G.S. 7A-133 in which the refusal occurred by a district court judge. If the case was finally disposed of in the superior court, the hearing shall be conducted in the superior court district or set of districts as defined in G.S. 7A-41.1 in which the refusal occurred by a superior court judge. A limited driving privilege issued under this section authorizes a person to drive if the person's license is revoked solely under this section or solely under this section and G.S. 20-17(2). If the person's license is revoked for any other reason, the limited driving privilege is invalid.

History

(1963, c. 966, s. 1; 1965, c. 1165; 1969, c. 1074, s. 1; 1971, c. 619, ss. 3-6; 1973, c. 206, ss. 1, 2; cc. 824, 914; 1975, c. 716, s. 5; 1977, c. 812; 1979, c. 423, s. 2; 1979, 2nd Sess., c. 1160; 1981, c. 412, s. 4; c. 747, s. 66; 1983, c. 87; c. 435, s. 11; 1983 (Reg. Sess., 1984), c. 1101, ss. 5-8; 1987, c. 797, s. 3; 1987 (Reg. Sess., 1988), c. 1037, ss. 76, 77; c. 1112; 1989, c. 771, ss. 13, 14, 18; 1991, c. 689, s. 233.1(c); 1993, c. 285, ss. 3, 4; 1995, c. 163, s. 1; 1997-379, ss. 3.1-3.3; 1998-182, s. 28; 1999-406, ss. 1, 10; 2000-155, s. 5; 2006-253, s. 15; 2007-493, ss. 25, 27; 2011-119, s. 1.)

Cross References. - For definition of "public vehicular area," see G.S. 20-4.01, subdivision (32).

As to the availability of test records, see G.S. 20-27.

Editor's Note. - Session Laws 1999-406, s. 18, states that this act does not obligate the General Assembly to appropriate additional funds, and that this act shall be implemented with funds available or appropriated to the Department of Transportation and the Administrative Office of the Courts.

Effect of Amendments. - Session Laws 2006-253, s. 15, effective December 1, 2006, and applicable to offenses committed on or after that date, rewrote the section.

Session Laws 2007-493, s. 25, effective August 30, 2007, inserted "district or set of districts defined in G.S. 7A-41.1, where the charges were made, within 30 days thereafter" in the first sentence of subsection (e).

Session Laws 2007-493, s. 27, effective December 1, 2007, and applicable to offenses committed on or after that date, substituted "concentration of 0.15" for "concentration of 0.16" in the introductory paragraph of subsection (c1).

Session Laws 2011-119, s. 1, effective December 1, 2011, and applicable to offenses committed on or after that date, inserted "a violation of G.S. 20-141.4(a2)" in subsection (a1).

Legal Periodicals. - For comment on chemical tests and implied consent, see 42 N.C.L. Rev. 841 (1964).

For article on tests for intoxication, see 45 N.C.L. Rev. 34 (1966).

For survey of 1978 law on criminal procedure, see 57 N.C.L. Rev. 1007 (1979).

For survey of 1979 law on criminal procedure, see 58 N.C.L. Rev. 1404 (1980).

For note discussing North Carolina's validation of the warrantless seizure of blood from an unconscious suspect, in light of State v. Hollingsworth, 77 N.C. App. 36, 334 S.E.2d 463 (1985), see 21 Wake Forest L. Rev. 1071 (1986).

For note, "North Carolina and Pretrial Civil Revocation of an Impaired Driver's License and the Double Jeopardy Clause," see 18 Campbell L. Rev. 391 (1996).

For a survey of 1996 developments in constitutional law, see 75 N.C.L. Rev. 2315 (1997).

§ 20-16.3. Alcohol screening tests required of certain drivers; approval of test devices and manner of use by Department of Health and Human Services; use of test results or refusal.

1. When Alcohol Screening Test May Be Required; Not an Arrest. - A law-enforcement officer may require the driver of a vehicle to submit to an alcohol screening test within a relevant time after the driving if the officer has:
   1. Reasonable grounds to believe that the driver has consumed alcohol and has:
      1. Committed a moving traffic violation; or
      2. Been involved in an accident or collision; or
   2. An articulable and reasonable suspicion that the driver has committed an implied-consent offense under G.S. 20-16.2, and the driver has been lawfully stopped for a driver's license check or otherwise lawfully stopped or lawfully encountered by the officer in the course of the performance of the officer's duties.
2. Approval of Screening Devices and Manner of Use. - The Department of Health and Human Services is directed to examine and approve devices suitable for use by law-enforcement officers in making on-the-scene tests of drivers for alcohol concentration. For each alcohol screening device or class of devices approved, the Department must adopt regulations governing the manner of use of the device. For any alcohol screening device that tests the breath of a driver, the Department is directed to specify in its regulations the shortest feasible minimum waiting period that does not produce an unacceptably high number of false positive test results.
3. Tests Must Be Made with Approved Devices and in Approved Manner. - No screening test for alcohol concentration is a valid one under this section unless the device used is one approved by the Department and the screening test is conducted in accordance with the applicable regulations of the Department as to the manner of its use.
4. Use of Screening Test Results or Refusal by Officer. - The fact that a driver showed a positive or negative result on an alcohol screening test, but not the actual alcohol concentration result, or a driver's refusal to submit may be used by a law-enforcement officer, is admissible in a court, or may also be used by an administrative agency in determining if there are reasonable grounds for believing:
   1. That the driver has committed an implied-consent offense under G.S. 20-16.2; and
   2. That the driver had consumed alcohol and that the driver had in his or her body previously consumed alcohol, but not to prove a particular alcohol concentration. Negative results on the alcohol screening test may be used in factually appropriate cases by the officer, a court, or an administrative agency in determining whether a person's alleged impairment is caused by an impairing substance other than alcohol.

Requiring a driver to submit to an alcohol screening test in accordance with this section does not in itself constitute an arrest.

History

(1973, c. 312, s. 1; c. 476, s. 128; 1981, c. 412, s. 4; c. 747, s. 66; 1983, c. 435, s. 12; 2006-253, s. 7.)

Effect of Amendments. - Session Laws 2006-253, s. 7, effective December 1, 2006, and applicable to offenses committed on or after that date, rewrote the section and section heading.

§ 20-16.3A. Checking stations and roadblocks.

1. A law-enforcement agency may conduct checking stations to determine compliance with the provisions of this Chapter. If the agency is conducting a checking station for the purposes of determining compliance with this Chapter, it must:
   1. Repealed by Session Laws 2006-253, s. 4, effective December 1, 2006, and applicable to offenses committed on or after that date.
   2. Designate in advance the pattern both for stopping vehicles and for requesting drivers that are stopped to produce drivers license, registration, or insurance information.
   3. Operate under a written policy that provides guidelines for the pattern, which need not be in writing. The policy may be either the agency's own policy, or if the agency does not have a written policy, it may be the policy of another law enforcement agency, and may include contingency provisions for altering either pattern if actual traffic conditions are different from those anticipated, but no individual officer may be given discretion as to which vehicle is stopped or, of the vehicles stopped, which driver is requested to produce drivers license, registration, or insurance information. If officers of a law enforcement agency are operating under another agency's policy, it must be stated in writing.
   4. Advise the public that an authorized checking station is being operated by having, at a minimum, one law enforcement vehicle with its blue light in operation during the conducting of the checking station.
2. A pattern designated by a law enforcement agency pursuant to subsection (a) of this section shall not be based on a particular vehicle type, except that the pattern may designate any type of commercial motor vehicle as defined in G.S. 20-4.01(3d). The provisions of this subsection shall apply to this Chapter only and are not to be construed to restrict any other type of checkpoint or roadblock which is lawful and meets the requirements of subsection (c) of this section.
3. An officer who determines there is a reasonable suspicion that an occupant has violated a provision of this Chapter, or any other provision of law, may detain the driver to further investigate in accordance with law. The operator of any vehicle stopped at a checking station established under this subsection may be requested to submit to an alcohol screening test under G.S. 20-16.3 if during the course of the stop the officer determines the driver had previously consumed alcohol or has an open container of alcoholic beverage in the vehicle. The officer so requesting shall consider the results of any alcohol screening test or the driver's refusal in determining if there is reasonable suspicion to investigate further.
4. Law enforcement agencies may conduct any type of checking station or roadblock as long as it is established and operated in accordance with the provisions of the United States Constitution and the Constitution of North Carolina.
5. The placement of checkpoints should be random or statistically indicated, and agencies shall avoid placing checkpoints repeatedly in the same location or proximity. This subsection shall not be grounds for a motion to suppress or a defense to any offense arising out of the operation of a checking station.

History

(1983, c. 435, s. 22; 2006-253, s. 4; 2011-216, s. 1.)

Effect of Amendments. - Session Laws 2006-253, s. 4, effective December 1, 2006, and applicable to offenses committed on or after that date, rewrote the section and section heading.

Session Laws 2011-216, s. 1, added subsection (a1). For effective date and applicability, see Editor's note.

Legal Periodicals. - For comment, "DWI Roadblocks: Are They Constitutional in North Carolina?," see 21 Wake Forest L. Rev. 779 (1986).

For note, "Blurred Lines: State v. Griffin and the Resulting Uncertainty in North Carolina Courts Regarding the Constitutional Analysis of Traffic Checkpoints," see 36 N.C. Cent. L. Rev. 130 (2013).

§ 20-16.5. Immediate civil license revocation for certain persons charged with implied-consent offenses.

1. Definitions. - As used in this section the following words and phrases have the following meanings:
   1. Law Enforcement Officer. - As described in G.S. 20-16.2(a1).
   2. Clerk. - As defined in G.S. 15A-101(2).
   3. Judicial Official. - As defined in G.S. 15A-101(5).
   4. Revocation Report. - A sworn statement by a law enforcement officer and a chemical analyst containing facts indicating that the conditions of subsection (b) have been met, and whether the person has a pending offense for which the person's license had been or is revoked under this section. When one chemical analyst analyzes a person's blood and another chemical analyst informs a person of his rights and responsibilities under G.S. 20-16.2, the report must include the statements of both analysts.
   5. Surrender of a Driver's License. - The act of turning over to a court or a law-enforcement officer the person's most recent, valid driver's license or learner's permit issued by the Division or by a similar agency in another jurisdiction, or a limited driving privilege issued by a North Carolina court. A person who is validly licensed but who is unable to locate his license card may file an affidavit with the clerk setting out facts that indicate that he is unable to locate his license card and that he is validly licensed; the filing of the affidavit constitutes a surrender of the person's license.
2. Revocations for Persons Who Refuse Chemical Analyses or Who Are Charged With Certain Implied-Consent Offenses. - A person's driver's license is subject to revocation under this section if:
   1. A law enforcement officer has reasonable grounds to believe that the person has committed an offense subject to the implied-consent provisions of G.S. 20-16.2;
   2. The person is charged with that offense as provided in G.S. 20-16.2(a);
   3. The law enforcement officer and the chemical analyst comply with the procedures of G.S. 20-16.2 and G.S. 20-139.1 in requiring the person's submission to or procuring a chemical analysis; and
   4. The person:
      1. Willfully refuses to submit to the chemical analysis;
      2. Has an alcohol concentration of 0.08 or more within a relevant time after the driving;
      3. Has an alcohol concentration of 0.04 or more at any relevant time after the driving of a commercial motor vehicle; or
      4. Has any alcohol concentration at any relevant time after the driving and the person is under 21 years of age.
3. Precharge Test Results as Basis for Revocation. - Notwithstanding the provisions of subsection (b), a person's driver's license is subject to revocation under this section if:
   1. The person requests a precharge chemical analysis pursuant to G.S. 20-16.2(i); and
   2. The person has:
      1. An alcohol concentration of 0.08 or more at any relevant time after driving;
      2. An alcohol concentration of 0.04 or more at any relevant time after driving a commercial motor vehicle; or
      3. Any alcohol concentration at any relevant time after driving and the person is under 21 years of age; and
   3. The person is charged with an implied-consent offense.
4. Duty of Law Enforcement Officers and Chemical Analysts to Report to Judicial Officials. - If a person's driver's license is subject to revocation under this section, the law enforcement officer and the chemical analyst must execute a revocation report. If the person has refused to submit to a chemical analysis, a copy of the affidavit to be submitted to the Division under G.S. 20-16.2(c) may be substituted for the revocation report if it contains the information required by this section. It is the specific duty of the law enforcement officer to make sure that the report is expeditiously filed with a judicial official as required by this section.
5. Which Judicial Official Must Receive Report. - The judicial official with whom the revocation report must be filed is:
   1. The judicial official conducting the initial appearance on the underlying criminal charge if:
      1. No revocation report has previously been filed; and
      2. At the time of the initial appearance the results of the chemical analysis, if administered, or the reports indicating a refusal, are available.
   2. A judicial official conducting any other proceeding relating to the underlying criminal charge at which the person is present, if no report has previously been filed.
   3. The clerk of superior court in the county in which the underlying criminal charge has been brought if subdivisions (1) and (2) are not applicable at the time the law enforcement officer must file the report.
6. Procedure if Report Filed with Judicial Official When Person Is Present. - If a properly executed revocation report concerning a person is filed with a judicial official when the person is present before that official, the judicial official shall, after completing any other proceedings involving the person, determine whether there is probable cause to believe that each of the conditions of subsection (b) has been met. If he determines that there is such probable cause, he shall enter an order revoking the person's driver's license for the period required in this subsection. The judicial official shall order the person to surrender his license and if necessary may order a law-enforcement officer to seize the license. The judicial official shall give the person a copy of the revocation order. In addition to setting it out in the order the judicial official shall personally inform the person of his right to a hearing as specified in subsection (g), and that his license remains revoked pending the hearing. The revocation under this subsection begins at the time the revocation order is issued and continues until the person's license has been surrendered for the period specified in this subsection, and the person has paid the applicable costs. The period of revocation is 30 days, if there are no pending offenses for which the person's license had been or is revoked under this section. If at the time of the current offense, the person has one or more pending offenses for which his license had been or is revoked under this section, the revocation shall remain in effect until a final judgment, including all appeals, has been entered for the current offense and for all pending offenses. In no event, may the period of revocation under this subsection be less than 30 days. If within five working days of the effective date of the order, the person does not surrender his license or demonstrate that he is not currently licensed, the clerk shall immediately issue a pick-up order. The pick-up order shall be issued to a member of a local law-enforcement agency if the law enforcement officer was employed by the agency at the time of the charge and the person resides in or is present in the agency's territorial jurisdiction. In all other cases, the pick-up order shall be issued to an officer or inspector of the Division. A pick-up order issued pursuant to this section is to be served in accordance with G.S. 20-29 as if the order had been issued by the Division.
7. Procedure if Report Filed with Clerk of Court When Person Not Present. - When a clerk receives a properly executed report under subdivision (d)(3) and the person named in the revocation report is not present before the clerk, the clerk shall determine whether there is probable cause to believe that each of the conditions of subsection (b) has been met. For purposes of this subsection, a properly executed report under subdivision (d)(3) may include a sworn statement by the law enforcement officer along with an affidavit received directly by the Clerk from the chemical analyst. If he determines that there is such probable cause, he shall mail to the person a revocation order by first-class mail. The order shall direct that the person on or before the effective date of the order either surrender his license to the clerk or appear before the clerk and demonstrate that he is not currently licensed, and the order shall inform the person of the time and effective date of the revocation and of its duration, of his right to a hearing as specified in subsection (g), and that the revocation remains in effect pending the hearing. Revocation orders mailed under this subsection become effective on the fourth day after the order is deposited in the United States mail. If within five working days of the effective date of the order, the person does not surrender his license to the clerk or appear before the clerk to demonstrate that he is not currently licensed, the clerk shall immediately issue a pick-up order. The pick-up order shall be issued and served in the same manner as specified in subsection (e) for pick-up orders issued pursuant to that subsection. A revocation under this subsection begins at the date specified in the order and continues until the person's license has been revoked for the period specified in this subsection and the person has paid the applicable costs. If the person has no pending offenses for which his license had been or is revoked under this section, the period of revocation under this subsection is:
   1. Thirty days from the time the person surrenders his license to the court, if the surrender occurs within five working days of the effective date of the order; or
   2. Thirty days after the person appears before the clerk and demonstrates that he is not currently licensed to drive, if the appearance occurs within five working days of the effective date of the revocation order; or
   3. Forty-five days from the time:
      1. The person's drivers license is picked up by a law-enforcement officer following service of a pick-up order; or
      2. The person demonstrates to a law-enforcement officer who has a pick-up order for his license that he is not currently licensed; or
      3. The person's drivers license is surrendered to the court if the surrender occurs more than five working days after the effective date of the revocation order; or
      4. The person appears before the clerk to demonstrate that he is not currently licensed, if he appears more than five working days after the effective date of the revocation order.
8. Hearing before Magistrate or Judge if Person Contests Validity of Revocation. - A person whose license is revoked under this section may request in writing a hearing to contest the validity of the revocation. The request may be made at the time of the person's initial appearance, or within 10 days of the effective date of the revocation to the clerk or a magistrate designated by the clerk, and may specifically request that the hearing be conducted by a district court judge. The Administrative Office of the Courts must develop a hearing request form for any person requesting a hearing. Unless a district court judge is requested, the hearing must be conducted within the county by a magistrate assigned by the chief district court judge to conduct such hearings. If the person requests that a district court judge hold the hearing, the hearing must be conducted within the district court district as defined in G.S. 7A-133 by a district court judge assigned to conduct such hearings. The revocation remains in effect pending the hearing, but the hearing must be held within three working days following the request if the hearing is before a magistrate or within five working days if the hearing is before a district court judge. The request for the hearing must specify the grounds upon which the validity of the revocation is challenged and the hearing must be limited to the grounds specified in the request. A witness may submit his evidence by affidavit unless he is subpoenaed to appear. Any person who appears and testifies is subject to questioning by the judicial official conducting the hearing, and the judicial official may adjourn the hearing to seek additional evidence if he is not satisfied with the accuracy or completeness of evidence. The person contesting the validity of the revocation may, but is not required to, testify in his own behalf. Unless contested by the person requesting the hearing, the judicial official may accept as true any matter stated in the revocation report. If any relevant condition under subsection (b) is contested, the judicial official must find by the greater weight of the evidence that the condition was met in order to sustain the revocation. At the conclusion of the hearing the judicial official must enter an order sustaining or rescinding the revocation. The judicial official's findings are without prejudice to the person contesting the revocation and to any other potential party as to any other proceedings, civil or criminal, that may involve facts bearing upon the conditions in subsection (b) considered by the judicial official. The decision of the judicial official is final and may not be appealed in the General Court of Justice. If the hearing is not held and completed within three working days of the written request for a hearing before a magistrate or within five working days of the written request for a hearing before a district court judge, the judicial official must enter an order rescinding the revocation, unless the person contesting the revocation contributed to the delay in completing the hearing. If the person requesting the hearing fails to appear at the hearing or any rescheduling thereof after having been properly notified, he forfeits his right to a hearing.
9. Return of License. - After the applicable period of revocation under this section, or if the magistrate or judge orders the revocation rescinded, the person whose license was revoked may apply to the clerk for return of his surrendered license. Unless the clerk finds that the person is not eligible to use the surrendered license, he must return it if:
   1. The applicable period of revocation has passed and the person has tendered payment for the costs under subsection (j); or
   2. The magistrate or judge has ordered the revocation rescinded.
10. Effect of Revocations. - A revocation under this section revokes a person's privilege to drive in North Carolina whatever the source of his authorization to drive. Revocations under this section are independent of and run concurrently with any other revocations. No court imposing a period of revocation following conviction of an offense involving impaired driving may give credit for any period of revocation imposed under this section. A person whose license is revoked pursuant to this section is not eligible to receive a limited driving privilege except as specifically authorized by G.S. 20-16.5(p).
11. Costs. - Unless the magistrate or judge orders the revocation rescinded, a person whose license is revoked under this section must pay a fee of one hundred dollars ($100.00) as costs for the action before the person's license may be returned under subsection (h) of this section. Fifty percent (50%) of the costs collected under this section shall be credited to the General Fund. Twenty-five percent (25%) of the costs collected under this section shall be used to fund a statewide chemical alcohol testing program administered by the Injury Control Section of the Department of Health and Human Services. The remaining twenty-five percent (25%) of the costs collected under this section shall be remitted to the county for the sole purpose of reimbursing the county for jail expenses incurred due to enforcement of the impaired driving laws.
12. Report to Division. - Except as provided below, the clerk shall mail a report to the Division:
    1. If the license is revoked indefinitely, within 10 working days of the revocation of the license; and
    2. In all cases, within 10 working days of the return of a license under this section or of the termination of a revocation of the driving privilege of a person not currently licensed.
13. Restoration Fee for Unlicensed Persons. - If a person whose license is revoked under this section has no valid license, he must pay the restoration fee required by G.S. 20-7 before he may apply for a license from the Division.
14. Modification of Revocation Order. - Any judicial official presiding over a proceeding under this section may issue a modified order if he determines that an inappropriate order has been issued.
15. Exception for Revoked Licenses. - Notwithstanding any other provision of this section, if the judicial official required to issue a revocation order under this section determines that the person whose license is subject to revocation under subsection (b):
    1. Has a currently revoked driver's license;
    2. Has no limited driving privilege; and
    3. Will not become eligible for restoration of his license or for a limited driving privilege during the period of revocation required by this section,
16. Designation of Proceedings. - Proceedings under this section are civil actions, and must be identified by the caption "In the Matter of ______" and filed as directed by the Administrative Office of the Courts.
17. Limited Driving Privilege. - A person whose drivers license has been revoked for a specified period of 30 or 45 days under this section may apply for a limited driving privilege if:
    1. At the time of the alleged offense the person held either a valid drivers license or a license that had been expired for less than one year;
    2. Does not have an unresolved pending charge involving impaired driving except the charge for which the license is currently revoked under this section or additional convictions of an offense involving impaired driving since being charged for the violation for which the license is currently revoked under this section;
    3. The person's license has been revoked for at least 10 days if the revocation is for 30 days or 30 days if the revocation is for 45 days; and
    4. The person has obtained a substance abuse assessment from a mental health facility and registers for and agrees to participate in any recommended training or treatment program.

If at the time of the current offense, the person has one or more pending offenses for which his license had been or is revoked under this section, the revocation shall remain in effect until a final judgment, including all appeals, has been entered for the current offense and for all pending offenses. In no event may the period of revocation for the current offense be less than the applicable period of revocation in subdivision (1), (2), or (3) of this subsection. When a pick-up order is issued, it shall inform the person of his right to a hearing as specified in subsection (g), and that the revocation remains in effect pending the hearing. An officer serving a pick-up order under this subsection shall return the order to the court indicating the date it was served or that he was unable to serve the order. If the license was surrendered, the officer serving the order shall deposit it with the clerk within three days of the surrender.

If the license has expired, he may return it to the person with a caution that it is no longer valid. Otherwise, if the person is not eligible to use the license and the license was issued by the Division or in another state, the clerk must mail it to the Division. If the person has surrendered his copy of a limited driving privilege and he is no longer eligible to use it, the clerk must make a record that he has withheld the limited driving privilege and forward that record to the clerk in the county in which the limited driving privilege was issued for filing in the case file. If the person's license is revoked under this section and under another section of this Chapter, the clerk must surrender the license to the Division if the revocation under this section can terminate before the other revocation; in such cases, the costs required by subsection (j) must still be paid before the revocation under this section is terminated.

The report shall identify the person whose license has been revoked, specify the date on which his license was revoked, and indicate whether the license has been returned. The report must also provide, if applicable, whether the license is revoked indefinitely. No report need be made to the Division, however, if there was a surrender of the driver's license issued by the Division, a 30-day minimum revocation was imposed, and the license was properly returned to the person under subsection (h) within five working days after the 30-day period had elapsed.

the judicial official need not issue a revocation order under this section. In this event the judicial official must file in the records of the civil proceeding a copy of any documentary evidence and set out in writing all other evidence on which he relies in making his determination.

A person whose license has been indefinitely revoked under this section may, after completion of 30 days under subsection (e) or the applicable period of time under subdivision (1), (2), or (3) of subsection (f), apply for a limited driving privilege. In the case of an indefinite revocation, a judge of the division in which the current offense is pending may issue the limited driving privilege only if the privilege is necessary to overcome undue hardship and the person meets the eligibility requirements of G.S. 20-179.3, except that the requirements in G.S. 20-179.3(b)(1)c. and G.S. 20-179.3(e) shall not apply. Except as modified in this subsection, the provisions of G.S. 20-179.3 relating to the procedure for application and conduct of the hearing and the restrictions required or authorized to be included in the limited driving privilege apply to applications under this subsection. Any district court judge authorized to hold court in the judicial district is authorized to issue such a limited driving privilege. A limited driving privilege issued under this section authorizes a person to drive if the person's license is revoked solely under this section. If the person's license is revoked for any other reason, the limited driving privilege is invalid.

History

(1983, c. 435, s. 14; 1983 (Reg. Sess., 1984), c. 1101, ss. 11-17; 1985, c. 690, ss. 1, 2; 1987 (Reg. Sess., 1988), c. 1037, s. 80, c. 1112; 1989, c. 771, ss. 15, 16, 18; 1991, c. 689, s. 233.1(a); 1993, c. 285, ss. 5, 6; 1997-379, ss. 3.4-3.8; 1997-443, s. 11A.9; 1997-486, ss. 2-6; 1998-182, ss. 29, 30; 1999-406, s. 13; 2000-140, s. 103A; 2000-155, s. 15; 2001-487, ss. 6, 7; 2003-104, s. 1; 2007-323, s. 30.10(e); 2007-493, s. 17.)

Editor's Note. - Session Laws 1999-237, s. 11.62(a) provides that the Administrative Office of the Courts shall transfer all funds collected under G.S. 20-16.5(j) that are designated for the chemical alcohol testing program to the Department of Health and Human Services on a monthly basis.

Session Laws 1999-237, s. 11.62(b) provides that any funds collected under G.S. 20-16.5(j) that are designated for the chemical alcohol testing program of the Department of Health and Human Services and are not needed for that program shall be transferred annually to the Governor's Highway Safety program for grants to local law enforcement agencies for training and enforcement of the laws on driving while impaired. Transferred funds shall be spent within 13 months of receipt of the funds and amounts received by the Governor's Highway Safety Program shall not revert until the June 30 following the 13-month period.

For an earlier provision on funds collected under subsection (j), see Session Laws 1995-324, s. 26.5.

Session Laws 1999-406, s. 18, states that the act does not obligate the General Assembly to appropriate additional funds, and that the act shall be implemented with funds available or appropriated to the Department of Transportation and the Administrative Office of the Courts.

Effect of Amendments. - Session Laws 2007-323, s. 30.10(e), effective August 1, 2007, and applicable to all costs assessed or collected on or after that date, rewrote subsection (j).

Session Laws 2007-493, s. 17, effective August 30, 2007, substituted "law enforcement officer" for "charging officer" throughout the section. For applicability provision, see Editor's note.

Legal Periodicals. - For note, "North Carolina and Pretrial Civil Revocation of an Impaired Driver's License and the Double Jeopardy Clause," see 18 Campbell L. Rev. 391 (1996).

For a survey of 1996 developments in constitutional law, see 75 N.C.L. Rev. 2315 (1997).

For 1997 legislative survey, see 20 Campbell L. Rev. 417.

§ 20-17. Mandatory revocation of license by Division.

1. The Division shall forthwith revoke the license of any driver upon receiving a record of the driver's conviction for any of the following offenses:
   1. Manslaughter (or negligent homicide) resulting from the operation of a motor vehicle.
   2. Either of the following impaired driving offenses:
      1. Impaired driving under G.S. 20-138.1.
      2. Impaired driving under G.S. 20-138.2, if the driver's alcohol concentration level was .06 or higher. For the purposes of this sub-subdivision, the driver's alcohol concentration level result, obtained by chemical analysis, shall be conclusive and is not subject to modification by any party, with or without approval by the court.
   3. Any felony in the commission of which a motor vehicle is used.
   4. Failure to stop and render aid in violation of G.S. 20-166(a) or (b).
   5. Perjury or the making of a false affidavit or statement under oath to the Division under this Article or under any other law relating to the ownership of motor vehicles.
   6. Conviction, within a period of 12 months, of (i) two charges of reckless driving, (ii) two charges of aggressive driving, or (iii) one or more charges of reckless driving and one or more charges of aggressive driving.
   7. Conviction upon one charge of aggressive driving or reckless driving while engaged in the illegal transportation of intoxicants for the purpose of sale.
   8. Conviction of using a false or fictitious name or giving a false or fictitious address in any application for a drivers license, or learner's permit, or any renewal or duplicate thereof, or knowingly making a false statement or knowingly concealing a material fact or otherwise committing a fraud in any such application or procuring or knowingly permitting or allowing another to commit any of the foregoing acts.
   9. Any offense set forth under G.S. 20-141.4.
   10. Repealed by Session Laws 1997-443, s. 19.26(b).
   11. Conviction of assault with a motor vehicle.
   12. A second or subsequent conviction of transporting an open container of alcoholic beverage under G.S. 20-138.7.
   13. A second or subsequent conviction, as defined in G.S. 20-138.2A(d), of driving a commercial motor vehicle after consuming alcohol under G.S. 20-138.2A.
   14. A conviction of driving a school bus, school activity bus, or child care vehicle after consuming alcohol under G.S. 20-138.2B.
   15. A conviction of malicious use of an explosive or incendiary device to damage property (G.S. 14-49(b) and (b1)); making a false report concerning a destructive device in a public building (G.S. 14-69.1(c)); perpetrating a hoax concerning a destructive device in a public building (G.S. 14-69.2(c)); possessing or carrying a dynamite cartridge, bomb, grenade, mine, or powerful explosive on educational property (G.S. 14-269.2(b1)); or causing, encouraging, or aiding a minor to possess or carry a dynamite cartridge, bomb, grenade, mine, or powerful explosive on educational property (G.S. 14-269.2(c1)).
   16. A second or subsequent conviction of larceny of motor fuel under G.S. 14-72.5. A conviction for violating G.S. 14-72.5 is a second or subsequent conviction if at the time of the current offense the person has a previous conviction under G.S. 14-72.5 that occurred in the seven years immediately preceding the date of the current offense.
2. On the basis of information provided by the child support enforcement agency or the clerk of court, the Division shall:
   1. Ensure that no license or right to operate a motor vehicle under this Chapter is renewed or issued to an obligor who is delinquent in making child support payments when a court of record has issued a revocation order pursuant to G.S. 110-142.2 or G.S. 50-13.12. The obligor shall not be entitled to any other hearing before the Division as a result of the revocation of his license pursuant to G.S. 110-142.2 or G.S. 50-13.12; or
   2. Revoke the drivers license of any person who has willfully failed to complete court-ordered community service and a court has issued a revocation order. This revocation shall continue until the Division receives certification from the clerk of court that the person has completed the court-ordered community service. No person whose drivers license is revoked pursuant to this subdivision shall be entitled to any other hearing before the Division as a result of this revocation.

History

(1935, c. 52, s. 12; 1947, c. 1067, s. 14; 1967, c. 1098, s. 2; 1971, c. 619, s. 7; 1973, c. 18, s. 1; c. 1081, s. 3; c. 1330, s. 2; 1975, c. 716, s. 5; c. 831; 1979, c. 667, ss. 20, 41; 1981, c. 412, s. 4; c. 747, s. 66; 1983, c. 435, s. 15; 1989, c. 771, s. 11; 1991, c. 726, s. 7; 1993 (Reg. Sess., 1994), c. 761, s. 1; 1995, c. 506, s. 7; c. 538, s. 2(b); 1997-234, s. 3; 1997-443, s. 19.26(b); 1998-182, s. 18; 1999-257, s. 4.1; 2001-352, s. 3; 2001-487, s. 52; 2004-193, ss. 4, 5; 2006-253, s. 22.2; 2007-493, s. 2.)

Cross References. - As to power to suspend or revoke license generally, see G.S. 20-16 and note.

As to period of suspension or revocation, see G.S. 20-19.

Editor's Note. - The subsection (b) designation was assigned by the Revisor of Statutes, the designation in Session Laws 1995, c. 538, s. 2(b) having been subdivision (12); the subsection (a) designation was added as well.

Effect of Amendments. - Session Laws 2004-193, ss. 4 and 5, effective December 1, 2004, rewrote subdivision (a)(6); and inserted "aggressive driving or" preceding "reckless" in subdivision (a)(7).

Session Laws 2006-253, s. 22.2, effective December 1, 2006, and applicable to offenses committed on or after that date, rewrote subdivision (a)(2)b.

Session Laws 2007-493, s. 2, effective August 30, 2007, substituted "Any offense set forth under G.S. 20-141.4." for "Death by vehicle as defined in G.S. 20-141.4." in subdivision (a)(9).

Legal Periodicals. - For 1997 legislative survey, see 20 Campbell L. Rev. 417.

For survey on new penalties for criminal behavior in schools, see 22 Campbell L. Rev. 253 (2000).

§ 20-17.1. Revocation of license of mental incompetents, alcoholics and habitual users of narcotic drugs.

1. The Commissioner, upon receipt of notice that any person has been legally adjudicated incompetent or has been involuntarily committed to an institution for the treatment of alcoholism or drug addiction, shall forthwith make inquiry into the facts for the purpose of determining whether such person is competent to operate a motor vehicle. If a person has been adjudicated incompetent under Chapter 35A of the General Statutes, in making an inquiry into the facts, the Commissioner shall consider the clerk of court's recommendation regarding whether the incompetent person should be allowed to retain his or her driving privilege. Unless the Commissioner is satisfied that such person is competent to operate a motor vehicle with safety to persons and property, he shall revoke such person's driving privilege. Provided that if such person requests, in writing, a hearing, he shall retain his license until after the hearing, and if the revocation is sustained after such hearing, the person whose driving privilege has been revoked under the provisions of this section, shall have the right to a review by the review board as provided in G.S. 20-9(g)(4) upon written request filed with the Division.
2. If any person shall be adjudicated as incompetent or is involuntarily committed for the treatment of alcoholism or drug addiction, the clerk of the court in which any such adjudication is made shall forthwith send a certified copy of abstract thereof to the Commissioner.
3. Repealed by Session Laws 1973, c. 475, s. 31/2.
4. It is the intent of this section that the provisions herein shall be carried out by the Commissioner of Motor Vehicles for the safety of the motoring public. The Commissioner shall have authority to make such agreements as are necessary with the persons in charge of every institution of any nature for the care and treatment of alcoholics or habitual users of narcotic drugs, to effectively carry out the duty hereby imposed and the person in charge of the institutions described above shall cooperate with and assist the Commissioner of Motor Vehicles.
5. Notwithstanding the provisions of G.S. 8-53, 8-53.2, and Article 3 of Chapter 122C of the General Statutes, the person or persons in charge of any institution as set out in subsection (a) hereinabove shall furnish such information as may be required for the effective enforcement of this section. Information furnished to the Division of Motor Vehicles as provided herein shall be confidential and the Commissioner of Motor Vehicles shall be subject to the same penalties and is granted the same protection as is the department, institution or individual furnishing such information. No criminal or civil action may be brought against any person or agency who shall provide or submit to the Commissioner of Motor Vehicles or his authorized agents the information as required herein.
6. Revocations under this section may be reviewed as provided in G.S. 20-9(g)(4).

History

(1947, c. 1006, s. 9; 1953, c. 1300, s. 36; 1955, c. 1187, s. 16; 1969, c. 186, s. 1; c. 1125; 1971, c. 208, ss. 1, 11/2; c. 401, s. 1; c. 767; 1973, c. 475, s. 31/2; c. 1362; 1975, c. 716, s. 5; 1983, c. 768, s. 3; 1987, c. 720, s. 1; 2008-182, s. 1.)

Effect of Amendments. - Session Laws 2008-182, s. 1, effective October 1, 2008, and applicable to persons adjudicated incompetent under Chapter 35A of the General Statutes on or after that date, added the second sentence of subsection (a).

Legal Periodicals. - For note on reporting patients for review of driver's license, see 48 N.C.L. Rev. 1003 (1970).

§ 20-17.1A. Restoration of license for person adjudicated to be restored to competency.

If otherwise eligible under G.S. 20-7 and any other applicable provision of law, the Division shall restore the drivers license of a person adjudicated to be restored to competency under G.S. 35A-1130 upon receiving notice from the clerk of court in which the adjudication is made. Nothing in this section shall be construed as requiring the Division to restore the drivers license of a person if (i) the person's drivers license was revoked because of a conviction or other act requiring revocation and (ii) the person has not met the requirements set forth in this Article for restoration of the person's drivers license.

History

(2015-165, s. 1.)

Editor's Note. - Session Laws 2015-165, s. 3 made this section effective October 1, 2015.

§ 20-17.2: Repealed by Session Laws 2006-253, s. 25, effective December 1, 2006, and applicable to offenses committed on or after that date.

§ 20-17.3. Revocation for underage purchasers of alcohol.

The Division shall revoke for one year the driver's license of any person who has been convicted of violating any of the following:

1. G.S. 18B-302(c), (e), or (f).
2. G.S. 18B-302(b), if the violation occurred while the person was purchasing or attempting to purchase an alcoholic beverage.
3. G.S. 18B-302(a1).

If the person's license is currently suspended or revoked, then the revocation under this section shall begin at the termination of that revocation. A person whose license is revoked under this section for a violation of G.S. 18B-302(a1) or G.S. 18B-302(c) shall be eligible for a limited driving privilege under G.S. 20-179.3.

History

(1983, c. 435, s. 36; 2007-537, s. 3.)

Effect of Amendments. - Session Laws 2007-537, s. 3, effective December 1, 2007, and applicable to offenses committed on or after that date, in subdivision (1), substituted "G.S. 18B-302(c), (e), or (f)" for "G.S.18B-302(c)(1), (e), or (f)"; added subdivision (3); added the last sentence of the section; and made minor stylistic and punctuation changes.

§ 20-17.4. Disqualification to drive a commercial motor vehicle.

1. One Year. - Any of the following disqualifies a person from driving a commercial motor vehicle for one year if committed by a person holding a commercial drivers license, or, when applicable, committed while operating a commercial motor vehicle by a person who does not hold a commercial drivers license:
   1. A first conviction of G.S. 20-138.1, driving while impaired, for a holder of a commercial drivers license that occurred while the person was driving a motor vehicle that is not a commercial motor vehicle.
   2. A first conviction of G.S. 20-138.2, driving a commercial motor vehicle while impaired.
   3. A first conviction of G.S. 20-166, hit and run.
   4. A first conviction of a felony in the commission of which a commercial motor vehicle was used or the first conviction of a felony in which any motor vehicle is used by a holder of a commercial drivers license.
   5. Refusal to submit to a chemical test when charged with an implied-consent offense, as defined in G.S. 20-16.2.
   6. A second or subsequent conviction, as defined in G.S. 20-138.2A(d), of driving a commercial motor vehicle after consuming alcohol under G.S. 20-138.2A.
   7. A civil license revocation under G.S. 20-16.5, or a substantially similar revocation obtained in another jurisdiction, arising out of a charge that occurred while the person was either operating a commercial motor vehicle or while the person was holding a commercial drivers license.
   8. A first conviction of vehicular homicide under G.S. 20-141.4 or vehicular manslaughter under G.S. 14-18 occurring while the person was operating a commercial motor vehicle.
   9. Driving a commercial motor vehicle during a period when the person's commercial drivers license is revoked, suspended, cancelled, or the driver is otherwise disqualified from operating a commercial motor vehicle.
2. Ten-Day Disqualification. - A person who is convicted for a first offense of driving a commercial motor vehicle after consuming alcohol under G.S. 20-138.2A is disqualified from driving a commercial motor vehicle for 10 days.
3. Modified Life. - A person who has been disqualified from driving a commercial motor vehicle for a conviction or refusal described in subsection (a) who, as the result of a separate incident, is subsequently convicted of an offense or commits an act requiring disqualification under subsection (a) is disqualified for life. The Division may adopt guidelines, including conditions, under which a disqualification for life under this subsection may be reduced to 10 years.
4. Life Without Reduction. - A person is disqualified from driving a commercial motor vehicle for life, without the possibility of reinstatement after 10 years, if that person is convicted of a third or subsequent violation of G.S. 20-138.2, a fourth or subsequent violation of G.S. 20-138.2A, or if the person refuses to submit to a chemical test a third time when charged with an implied-consent offense, as defined in G.S. 20-16.2, that occurred while the person was driving a commercial motor vehicle.
5. Life. - A person is disqualified from driving a commercial motor vehicle for life if that person either uses a commercial motor vehicle in the commission of any felony involving the manufacture, distribution, or dispensing of a controlled substance, or possession with intent to manufacture, distribute, or dispense a controlled substance or is the holder of a commercial drivers license at the time of the commission of any such felony.
6. Life. - A person shall be disqualified from driving a commercial motor vehicle for life, without the possibility of reinstatement, if that person has had a commercial drivers license reinstated in the past and is convicted of another major disqualifying offense as defined in 49 C.F.R. § 383.51(b).
7. Less Than a Year. - A person is disqualified from driving a commercial motor vehicle for 60 days if that person is convicted of two serious traffic violations, or 120 days if convicted of three or more serious traffic violations, arising from separate incidents occurring within a three-year period, committed in a commercial motor vehicle or while holding a commercial drivers license. This disqualification shall be in addition to, and shall be served at the end of, any other prior disqualification. For purposes of this subsection, a "serious violation" includes violations of G.S. 20-140(f) and G.S. 20-141(j3).
8. Three Years. - A person is disqualified from driving a commercial motor vehicle for three years if that person is convicted of an offense or commits an act requiring disqualification under subsection (a) and the offense or act occurred while the person was transporting a hazardous material that required the motor vehicle driven to be placarded.
9. Revocation Period. - A person is disqualified from driving a commercial motor vehicle for the period during which the person's regular or commercial drivers license is revoked, suspended, or cancelled.
10. Violation of Out-of-Service Order. - Any person holding a commercial learner's permit or commercial drivers license or required to have a commercial learner's permit or commercial drivers license convicted for violating an out-of-service order, except as described in subsection (h) of this section, shall be disqualified as follows:
    1. A person is disqualified from driving a commercial vehicle for a period of no less than 180 days and no more than one year if convicted of a first violation of an out-of-service order while operating a commercial motor vehicle.
    2. A person is disqualified for a period of no less than two years and no more than five years if convicted of a second violation of an out-of-service order while operating a commercial motor vehicle during any 10-year period, arising from separate incidents.
    3. A person is disqualified for a period of no less than three years and no more than five years if convicted of a third or subsequent violation of an out-of-service order while operating a commercial motor vehicle during any 10-year period, arising from separate incidents.
11. Violation of Out-of-Service Order; Special Rule for Hazardous Materials and Passenger Offenses. - Any person holding a commercial learner's permit or commercial drivers license or required to have a commercial learner's permit or commercial drivers license convicted for violating an out-of-service order while transporting hazardous materials, as defined in 49 C.F.R. § 383.5, or while operating a commercial vehicle designed or used to transport 16 or more passengers, including the driver, shall be disqualified as follows:
    1. A person is disqualified for a period of no less than 180 days and no more than two years if convicted of a first violation of an out-of-service order while operating a commercial motor vehicle.
    2. A person is disqualified for a period of no less than three years and no more than five years if convicted of a second or subsequent violation of an out-of-service order while operating a commercial motor vehicle during any 10-year period, arising from separate incidents.
    3. A person is disqualified for a period of no less than three years and no more than five years if convicted of a third or subsequent violation of an out-of-service order while operating a commercial motor vehicle during any 10-year period arising from separate incidents.
12. Disqualification for Out-of-State Violations. - The Division shall withdraw the privilege to operate a commercial vehicle of any resident of this State or person transferring to this State upon receiving notice of the person's conviction or Administrative Per Se Notice in another state for an offense that, if committed in this State, would be grounds for disqualification, even if the offense occurred in another jurisdiction prior to being licensed in this State where no action had been taken at that time in the other jurisdiction. The period of disqualification shall be the same as if the offense occurred in this State.
13. Disqualification of Persons Without Commercial Drivers Licenses. - Any person convicted of an offense that requires disqualification under this section, but who does not hold a commercial drivers license, shall be disqualified from operating a commercial vehicle in the same manner as if the person held a valid commercial drivers license.
14. Disqualification for Railroad Grade Crossing Offenses. - Any person convicted of a violation of G.S. 20-142.1 through G.S. 20-142.5, when the driver is operating a commercial motor vehicle, shall be disqualified from driving a commercial motor vehicle as follows:
    1. A person is disqualified for a period of 60 days if convicted of a first violation of a railroad grade crossing offense listed in this subsection.
    2. A person is disqualified for a period of 120 days if convicted during any three-year period of a second violation of any combination of railroad grade crossing offenses listed in this subsection.
    3. A person is disqualified for a period of one year if convicted during any three-year period of a third or subsequent violation of any combination of railroad grade crossing offenses listed in this subsection.
15. Disqualification for Testing Positive in a Drug or Alcohol Test. - Upon receipt of notice of a positive drug or alcohol test, or of refusal to participate in a drug or alcohol test, pursuant to G.S. 20-37.19(c), the Division must disqualify a CDL holder from operating a commercial motor vehicle for a minimum of 30 days and until receipt of proof of successful completion of assessment and treatment by a substance abuse professional in accordance with 49 C.F.R. § 382.503.
16. Disqualifications of Drivers Who Are Determined to Constitute an Imminent Hazard. - The Division shall withdraw the privilege to operate a commercial motor vehicle for any resident of this State for a period of 30 days in accordance with 49 C.F.R. § 383.52.
17. Disqualification for Conviction of Criminal Offense That Requires Registration Under the Sex Offender and Public Protection Registration Programs. - Effective December 1, 2009, except as otherwise provided by this subsection, a person convicted of a violation that requires registration under Article 27A of Chapter 14 of the General Statutes is disqualified from driving a commercial motor vehicle that requires a commercial drivers license with a P or S endorsement for the period of time during which the person is required to maintain registration under Article 27A of Chapter 14 of the General Statutes. If a person who is registered pursuant to Article 27A of Chapter 14 of the General Statutes on December 1, 2009, also has a valid commercial drivers license with a P or S endorsement that was issued on or before December 1, 2009, then the person is not disqualified under this subsection until that license expires, provided the person does not commit a subsequent offense that requires registration under Article 27A of Chapter 14 of the General Statutes.
18. Disqualification for Passing Stopped School Bus. - Any person whose drivers license is revoked under G.S. 20-217 is disqualified from driving a commercial motor vehicle for the period of time in which the person's drivers license remains revoked under G.S. 20-217.

History

(1989, c. 771, s. 3; 1991, c. 726, s. 8; 1993, c. 533, s. 5; 1998-149, s. 3; 1998-182, s. 19; 2000-109, s. 7(e); 2002-72, s. 7; 2003-397, s. 2; 2005-156, s. 2; 2005-349, s. 6; 2007-492, s. 1; 2008-175, s. 1; 2009-416, s. 3; 2009-491, s. 2; 2013-293, s. 3; 2016-90, s. 6(c), (d).)

Editor's Note. - Session Laws 1987 (Reg. Sess., 1988), c. 1112, s. 12 also enacted a G.S. 20-17.4, to be effective June 1, 1989, through June 30, 1989, and to provide for mandatory revocation of a Class A or Class B license for drivers convicted of impaired driving in a commercial vehicle. Session Laws 1989, c. 771, s. 18, effective June 1, 1989, repealed Session Laws 1987 (Reg. Sess., 1988), c. 1112; therefore, G.S. 20-17.4, as enacted by c. 1112, never went into effect.

Session Laws 2016-90, s. 6(f), made the rewriting of subsections (g) and (h) by Session Laws 2016-90, s. 6(c) and (d), applicable to offenses committed on or after January 1, 2017.

Effect of Amendments. - Session Laws 2005-156, s. 2, effective December 1, 2005, added subsection ( l ).

Session Laws 2005-349, s. 6, effective September 30, 2005, rewrote subsection (a); added the present second sentence of subsection (d); added "suspended, or cancelled" at the end of subsection (f); in subsection (i), in the first sentence, inserted "or person transferring to this State," "or Administrative Per Se Notice," and "even if the offense occurred in another jurisdiction prior to being licensed in this State where no action had been taken at that time in the other jurisdiction"; and added subsection (m).

Session Laws 2007-492, s. 1, effective August 30, 2007, in subsection ( l ), substituted "Based on" for "for Testing Positive in a" in the subsection heading, inserted "or of refusal to participate in a drug or alcohol test," and substituted "Division must disqualify a CDL holder" for "Division shall disqualify a driver."

Session Laws 2008-175, s. 1, effective December 1, 2008, and applicable to offenses committed on or after that date, in subdivision (a)(7), substituted "either operating a commercial motor vehicle or while the person was holding a commercial drivers license" for "operating a commercial motor vehicle"; in subsection (c), inserted "either" and added "or is the holder of a commercial drivers license at the time of the commission of any such felony"; in subsection (d), substituted "arising from separate incidents occurring within a three-year period, committed in a commercial motor vehicle or while holding a commercial drivers license" for "committed in a commercial motor vehicle arising from separate incidents occurring within a three-year period"; and, in subsection ( l ), substituted "for Testing Positive in a" for "Based on" and inserted "for a minimum of 30 days and."

Session Laws 2009-416, s. 3, effective March 31, 2010, and applicable to offenses committed on or after that date, added subsection (c1).

Session Laws 2013-293, s. 3, effective December 1, 2013, added subsection (o). For applicability, see Editor's note.

Session Laws 2016-90, s. 6(c), (d), effective January 1, 2017, rewrote subsections (g) and (h). See editor's note for applicability.

§ 20-17.5. Effect of disqualification.

1. When No Accompanying Revocation. - A person who is disqualified as the result of a conviction that requires disqualification but not revocation may keep any regular Class C drivers license the person had at the time of the offense resulting in disqualification. If the person had a Class A or Class B regular drivers license or a commercial drivers license when the offense occurred, all of the following apply:
   1. The person must give the license to the court that convicts the person or, if the person is not present when convicted, to the Division.
   2. The person may apply for a regular Class C drivers license.
2. When Revocation and Disqualification. - When a person is disqualified as the result of a conviction that requires both disqualification and revocation, all of the following apply:
   1. The person must give any drivers license the person has to the court that convicts the person or, if the person is not present when convicted, to the Division.
   2. The person may obtain limited driving privileges to drive a noncommercial motor vehicle during the revocation period to the extent the law would allow limited driving privileges if the person had been driving a noncommercial motor vehicle when the offense occurred.  The same procedure, eligibility requirements, and mandatory conditions apply to limited driving privileges authorized by this subdivision that would apply if the person had been driving a noncommercial motor vehicle when the offense occurred.
   3. If the disqualification period is longer than the revocation period, the person may apply for a regular Class C drivers license at the end of the revocation period.
3. Refusal to Take Chemical Test. - When a person is disqualified for refusing to take a chemical test, all of the following apply:
   1. The person must give any license the person has to a court, a law enforcement officer, or the Division, in accordance with G.S. 20-16.2 and G.S. 20-16.5.
   2. The person may obtain limited driving privileges to drive a noncommercial motor vehicle during the period the person's license is revoked for the refusal that disqualified the person to the extent the law would allow limited driving privileges if the person had been driving a noncommercial motor vehicle at the time of the refusal. The same procedure, eligibility requirements, and mandatory conditions apply to limited driving privileges authorized by this subdivision that would apply if the person had been driving a noncommercial motor vehicle at the time of the refusal.
   3. If the disqualification period is longer than the revocation period, the person may apply for a regular Class C drivers license at the end of the revocation period.
4. Obtaining Class C Regular License. - A person who is authorized by this section to apply for a regular Class C drivers license and who meets all of the following criteria may obtain a regular Class C drivers license without taking a test:
   1. The person must have had a Class A or Class B regular drivers license or a commercial drivers license when the person was disqualified.
   2. The person's license must have been issued by the Division.
   3. The person's license must not have expired by the date the person applies for a regular Class C drivers license.
5. Restoration Fee. - A person who is disqualified must pay the restoration fee set in G.S. 20-7(i1) the first time any of the following events occurs as a result of the same disqualification:
   1. The Division reinstates a Class A regular drivers license, a Class B regular drivers license, or a commercial drivers license the person had at the time of the disqualification by issuing the person a duplicate license.
   2. The Division issues a Class A regular drivers license, a Class B regular drivers license, or a commercial drivers license to the person.
   3. If the person's license was revoked because of the conviction or act requiring disqualification, the Division issues a regular Class C drivers license to the person.

Upon application and payment of the fee set in G.S. 20-14 for a duplicate license, the Division shall issue a person who meets these criteria a regular Class C drivers license. The license shall include the same endorsements and restrictions as the former Class A regular, Class B regular, or commercial drivers license, to the extent they apply to a regular Class C drivers license. A regular Class C drivers license issued to a person who meets these criteria expires the same day as the license it replaces.

G.S. 20-7 governs the issuance of a regular Class C drivers license to a person who is authorized by this section to apply for a regular Class C drivers license but who does not meet the listed criteria. In accordance with that statute, the Division may require the person to take a test and the person must pay the license fee.

The restoration fee does not apply the second time any of these events occurs as a result of the same disqualification.

History

(1991, c. 726, s. 9.)

§ 20-17.6. Restoration of a license after a conviction of driving while impaired or driving while less than 21 years old after consuming alcohol or drugs.

1. Scope. - This section applies to a person whose license was revoked as a result of a conviction of any of the following offenses:
   1. G.S. 20-138.1, driving while impaired (DWI).
   2. G.S. 20-138.2, commercial DWI.
   3. G.S. 20-138.3, driving while less than 21 years old after consuming alcohol or drugs.
   4. G.S. 20-138.2A, driving a commercial motor vehicle with an alcohol concentration of greater than 0.00 and less than 0.04, if the person's drivers license was revoked under G.S. 20-17(a)(13).
   5. G.S. 20-138.2B, driving a school bus, a school activity bus, or a child care vehicle with an alcohol concentration of greater than 0.00, if the person's drivers license was revoked under G.S. 20-17(a)(14).
2. Requirement for Restoring License. - The Division must receive a certificate of completion for a person who is subject to this section before the Division can restore that person's license. The revocation period for a person who is subject to this section is extended until the Division receives the certificate of completion.
3. Certificate of Completion. - To obtain a certificate of completion, a person must have a substance abuse assessment and, depending on the results of the assessment, must complete either an alcohol and drug education traffic (ADET) school or a substance abuse treatment program. The substance abuse assessment must be conducted by one of the entities authorized by the Department of Health and Human Services to conduct assessments. G.S. 122C-142.1 describes the procedure for obtaining a certificate of completion.
4. Notice of Requirement. - When a court reports to the Division a conviction of a person who is subject to this section, the Division must send the person written notice of the requirements of this section and of the consequences of failing to comply with these requirements. The notification must include a statement that the person may contact the local area mental health, developmental disabilities, and substance abuse program for a list of agencies and entities in the person's area that are authorized to make a substance abuse assessment and provide the education or treatment needed to obtain a certificate of completion.
5. Effect on Limited Driving Privileges. - A person who is subject to this section is not eligible for limited driving privileges if the revocation period for the offense that caused the person to become subject to this section has ended and the person's license remains revoked only because the Division has not obtained a certificate of completion for that person. The issuance of limited driving privileges during the revocation period for the offense that caused the person to become subject to this section is governed by the statutes that apply to that offense.

History

(1995, c. 496, ss. 1, 11, 12; 1997-443, s. 11A.118(a); 1998-182, s. 20.)

Editor's Note. - Session Laws 1995, c. 496, ss. 11 and 12, which substituted "less than 21 years old" for "a provisional licensee" in the catchline and in subdivision (a)(3), were to become effective only if House Bill 353 of the 1995 General Assembly was enacted. House Bill 353 was ratified as Session Laws 1995, c. 506, on July 28, 1995.

§ 20-17.7. Commercial motor vehicle out-of-service fines authorized.

The Secretary of Public Safety may adopt rules implementing fines for violation of out-of-service criteria as defined in 49 C.F.R. § 390.5. These fines may not exceed the schedule of fines adopted by the Commercial Motor Vehicle Safety Alliance that is in effect on the date of the violations.

History

(1999-330, s. 1; 2002-159, s. 31.5(b); 2002-190, s. 3; 2011-145, s. 19.1(g).)

Editor's Note. - Session Laws 2002-190, s. 17, provides: "The Governor shall resolve any dispute between the Department of Transportation and the Department of Crime Control and Public Safety concerning the implementation of this act [Session Laws 2002-190]."

Session Laws 2017-108, s. 17.1(a)-(d), provides: "(a) Rule. - Until the effective date of the revised permanent rule that the State Highway Patrol is required to adopt pursuant to subsection (c) of this section, the State Highway Patrol shall implement 14B NCAC 07C .0101 (Safety of Operation and Equipment), as provided in subsection (b) of this section.

"(b) Implementation. - Notwithstanding 14B NCAC 07C .0101, the State Highway Patrol shall exempt covered farm vehicles engaged in intrastate commerce from the requirements of 49 C.F.R. § 390.21.

"(c) Additional Rule-Making Authority. - The State Highway Patrol shall adopt rules to amend 14B NCAC 07C .0101, consistent with subsection (b) of this section.

"(d) Effective Date. - Subsection (b) of this section expires on the date that rules adopted pursuant to subsection (c) of this section become effective. The remainder of this section is effective when it becomes law."

Effect of Amendments. - Session Laws 2011-145, s. 19.1(g), effective January 1, 2012, substituted "Public Safety" for "Crime Control and Public Safety."

§ 20-17.8. Restoration of a license after certain driving while impaired convictions; ignition interlock.

1. Scope. - This section applies to a person whose license was revoked as a result of a conviction of driving while impaired, G.S. 20-138.1, and:
   1. The person had an alcohol concentration of 0.15 or more;
   2. The person has been convicted of another offense involving impaired driving, which offense occurred within seven years immediately preceding the date of the offense for which the person's license has been revoked; or
   3. The person was sentenced pursuant to G.S. 20-179(f3).
2. Additional Scope. - This section applies to a person whose license was revoked as a result of a conviction of habitual impaired driving, G.S. 20-138.5.
3. Ignition Interlock Required. - Except as provided in subsection (l) of this section, when the Division restores the license of a person who is subject to this section, in addition to any other restriction or condition, it shall require the person to agree to and shall indicate on the person's drivers license the following restrictions for the period designated in subsection (c):
   1. A restriction that the person may operate only a vehicle that is equipped with a functioning ignition interlock system of a type approved by the Commissioner. The Commissioner shall not unreasonably withhold approval of an ignition interlock system and shall consult with the Division of Purchase and Contract in the Department of Administration to ensure that potential vendors are not discriminated against.
   2. A requirement that the person personally activate the ignition interlock system before driving the motor vehicle.
   3. An alcohol concentration restriction as follows:
      1. If the ignition interlock system is required pursuant only to subdivision (a)(1) of this section, a requirement that the person not drive with an alcohol concentration of 0.04 or greater;
      2. If the ignition interlock system is required pursuant to subdivision (a)(2) or (a)(3) of this section, or subsection (a1) of this section, a requirement that the person not drive with an alcohol concentration of greater than 0.00; or
      3. If the ignition interlock system is required pursuant to subdivision (a)(1) of this section, and the person has also been convicted, based on the same set of circumstances, of: (i) driving while impaired in a commercial vehicle, G.S. 20-138.2, (ii) driving while less than 21 years old after consuming alcohol or drugs, G.S. 20-138.3, (iii) a violation of G.S. 20-141.4, or (iv) manslaughter or negligent homicide resulting from the operation of a motor vehicle when the offense involved impaired driving, a requirement that the person not drive with an alcohol concentration of greater than 0.00.
4. Length of Requirement. - The requirements of subsection (b) shall remain in effect for:
   1. One year from the date of restoration if the original revocation period was one year;
   2. Three years from the date of restoration if the original revocation period was four years; or
   3. Seven years from the date of restoration if the original revocation was a permanent revocation.
5. Vehicles Subject to Requirement. - A person subject to this section shall have all registered vehicles owned by that person equipped with a functioning ignition interlock system of a type approved by the Commissioner. The Commissioner shall not issue a license to a person subject to this section until presented with proof of the installation of an ignition interlock system in all registered vehicles owned by the person. In order to avoid an undue financial hardship, a person subject to this section may seek a waiver from the Division for any vehicle registered to that person that is relied upon by another member of that person's family for transportation and that the vehicle is not in the possession of the person subject to this section. The Division shall determine such waiver on a case-by-case basis following an assessment of financial hardship to the person subject to this restriction. The Commissioner shall cancel the drivers license of any person subject to this section for registration of a motor vehicle owned by the person without an installed ignition interlock system or removal of the ignition interlock system from a motor vehicle owned by the person, other than when changing ignition interlock providers or upon sale of the vehicle.
6. Effect of Limited Driving Privileges. - If the person was eligible for and received a limited driving privilege under G.S. 20-179.3, with the ignition interlock requirement contained in G.S. 20-179.3(g5), the period of time for which that limited driving privilege was held shall be applied towards the requirements of subsection (c).
7. Notice of Requirement. - When a court reports to the Division a conviction of a person who is subject to this section, the Division must send the person written notice of the requirements of this section and of the consequences of failing to comply with these requirements. The notification must include a statement that the person may contact the Division for information on obtaining and having installed an ignition interlock system of a type approved by the Commissioner.
8. Effect of Violation of Restriction. -  A person subject to this section who violates any of the restrictions of this section commits the offense of driving while license revoked for impaired driving under G.S. 20-28(a1) and is subject to punishment and license revocation as provided in that section. If a law enforcement officer has reasonable grounds to believe that a person subject to this section has consumed alcohol while driving or has driven while he has remaining in his body any alcohol previously consumed, the suspected offense of driving while license is revoked is an alcohol-related offense subject to the implied-consent provisions of G.S. 20-16.2. If a person subject to this section is charged with driving while license revoked by violating a condition of subsection (b) of this section, and a judicial official determines that there is probable cause for the charge, the person's license is suspended pending the resolution of the case, and the judicial official must require the person to surrender the license. The judicial official must also notify the person that he is not entitled to drive until his case is resolved. An alcohol concentration report from the ignition interlock system shall not be admissible as evidence of driving while license revoked, nor shall it be admissible in an administrative revocation proceeding as provided in subsection (g) of this section, unless the person operated a vehicle when the ignition interlock system indicated an alcohol concentration in violation of the restriction placed upon the person by subdivision (b)(3) of this section.
9. Effect of Violation of Restriction When Driving While License Revoked Not Charged. - A person subject to this section who violates any of the restrictions of this section, but is not charged or convicted of driving while license revoked pursuant to G.S. 20-28(a), shall have the person's license revoked by the Division for a period of one year.
10. Beginning of Revocation Period. - If the original period of revocation was imposed pursuant to G.S. 20-19(d) or (e), any remaining period of the original revocation, prior to its reduction, shall be reinstated and the revocation required by subsection (f) or (g) of this section begins after all other periods of revocation have terminated.
11. Notification of Revocation. - If the person's license has not already been surrendered to the court, the Division must expeditiously notify the person that the person's license to drive is revoked pursuant to subsection (f) or (g) of this section effective on the tenth calendar day after the mailing of the revocation order.
12. Right to Hearing Before Division; Issues. - If the person's license is revoked pursuant to subsection (g) of this section, before the effective date of the order issued under subsection (i) of this section, the person may request in writing a hearing before the Division. Except for the time referred to in G.S. 20-16.5, if the person shows to the satisfaction of the Division that the person's license was surrendered to the court and remained in the court's possession, then the Division shall credit the amount of time for which the license was in the possession of the court against the revocation period required by subsection (g) of this section. If the person properly requests a hearing, the person retains the person's license, unless it is revoked under some other provision of law, until the hearing is held, the person withdraws the request, or the person fails to appear at a scheduled hearing. The hearing officer may subpoena any witnesses or documents that the hearing officer deems necessary. The person may request the hearing officer to subpoena the charging officer, the chemical analyst, or both to appear at the hearing if the person makes the request in writing at least three days before the hearing. The person may subpoena any other witness whom the person deems necessary, and the provisions of G.S. 1A-1, Rule 45, apply to the issuance and service of all subpoenas issued under the authority of this section. The hearing officer is authorized to administer oaths to witnesses appearing at the hearing. The hearing must be conducted in the county where the charge was brought, except when the evidence of the violation is an alcohol concentration report from an ignition interlock system, the hearing may be conducted in the county where the person resides. The hearing must be limited to consideration of whether:
    1. The drivers license of the person had an ignition interlock requirement; and
    2. The person:
       1. Was driving a vehicle that was not equipped with a functioning ignition interlock system; or
       2. Did not personally activate the ignition interlock system before driving the vehicle; or
       3. Drove the vehicle in violation of an applicable alcohol concentration restriction prescribed by subdivision (b)(3) of this section.
13. Restoration After Violation. - When the Division restores the license of a person whose license was revoked pursuant to subsection (f) or (g) of this section and the revocation occurred prior to completion of time period required by subsection (c) of this section, in addition to any other restriction or condition, it shall require the person to comply with the conditions of subsection (b) of this section until the person has complied with those conditions for the cumulative period of time as set forth in subsection (c) of this section. The period of time for which the person successfully complied with subsection (b) of this section prior to revocation pursuant to subsection (f) or (g) of this section shall be applied towards the requirements of subsection (c) of this section.
14. Medical Exception to Requirement. - A person subject to this section solely for the reason set forth in subdivision (a)(1) of this section and who has a medically diagnosed physical condition that makes the person incapable of personally activating an ignition interlock system may request an exception to the requirements of this section from the Division. The Division shall not issue an exception to this section unless the person has submitted to a physical examination by two or more physicians or surgeons duly licensed to practice medicine in this State or in any other state of the United States and unless such examining physicians or surgeons have completed and signed a certificate in the form prescribed by the Division. Such certificate shall be devised by the Commissioner with the advice of those qualified experts in the field of diagnosing and treating physical disorders that the Commissioner may select and shall be designed to elicit the maximum medical information necessary to aid in determining whether or not the person is capable of personally activating an ignition interlock system. The certificate shall contain a waiver of privilege and the recommendation of the examining physician to the Commissioner as to whether the person is capable of personally activating an ignition interlock system.

For purposes of subdivision (1) of this subsection, the results of a chemical analysis, as shown by an affidavit or affidavits executed pursuant to G.S. 20-16.2(c1), shall be used by the Division to determine that person's alcohol concentration.

If the Division finds that the conditions specified in this subsection are met, it must order the revocation sustained. If the Division finds that the condition of subdivision (1) is not met, or that none of the conditions of subdivision (2) are met, it must rescind the revocation. If the revocation is sustained, the person must surrender the person's license immediately upon notification by the Division. If the revocation is sustained, the person may appeal the decision of the Division pursuant to G.S. 20-25.

The Commissioner is not bound by the recommendations of the examining physicians but shall give fair consideration to such recommendations in acting upon the request for medical exception, the criterion being whether or not, upon all the evidence, it appears that the person is in fact incapable of personally activating an ignition interlock system. The burden of proof of such fact is upon the person seeking the exception.

Whenever an exception is denied by the Commissioner, such denial may be reviewed by a reviewing board upon written request of the person seeking the exception filed with the Division within 10 days after receipt of such denial. The composition, procedures, and review of the reviewing board shall be as provided in G.S. 20-9(g)(4). This subsection shall not apply to persons subject to an ignition interlock requirement under this section for the reasons set forth in subdivision (a)(2) or (a)(3) of this section.

History

(1999-406, s. 3; 2000-155, ss. 1-3; 2001-487, s. 8; 2006-253, ss. 22.3, 22.4; 2007-493, ss. 5, 10, 28; 2009-369, ss. 5, 6; 2011-191, s. 3; 2013-348, s. 1; 2014-108, s. 1(a); 2014-115, s. 61.5; 2015-186, s. 4; 2015-264, s. 86; 2017-176, s. 2(b).)

Editor's Note. - The number of this section was assigned by the Revisor of Statutes, the number in Session Laws 1999-406, s. 3 having been 20-17.7.

Session Laws 1999-406, s. 18, states that the act does not obligate the General Assembly to appropriate additional funds, and that the act shall be implemented with funds available or appropriated to the Department of Transportation and the Administrative Office of the Courts.

Session Laws 2009-369, s. 7, as amended by Session Laws 2014-115, s. 61.5, and as amended by Session Laws 2017-176, s. 2(b), provides: "This act becomes effective December 1, 2009, and applies to applications for reinstatement that occur on or after that date." Session Laws 2017-176, s. 2(b) repealed the expiration date for amendments by Session Laws 2009-369, ss. 5 and 6, retroactively effective December 1, 2016.

Session Laws 2014-108, s. 1(b) made amendments to subsection (j) of this section by Session Laws 2014-108, s. 1(a), effective October 1, 2014, and applicable to hearings requested on or after that date.

Session Laws 2015-186, s. 1, provides: "This act shall be known as the 'North Carolina Drivers License Restoration Act.' "

Session Laws 2015-186, s. 7, as amended by Session Laws 2015-264, s. 86, provides: "This act becomes effective December 1, 2015, and applies to offenses committed on or after that date. Prosecutions for offenses committed before the effective date of this act are not abated or affected by this act, and the statutes that would be applicable but for this act remain applicable to those prosecutions." Session Laws 2015-186, s. 4, inserted "for impaired driving" and substituted "G.S. 20-28(a1)" for "G.S. 20-28(a)" in the first sentence of subsection (f).

Effect of Amendments. - Session Laws 2006-253, ss. 22.3 and 22.4, inserted "Except as provided in subsection ( l ) of this section" at the beginning of subsection (b), and added subsection ( l ). For effective date and applicability, see Editor's note.

Session Laws 2007-493, s. 10, effective August 30, 2007, substituted "(iii) a violation of G.S. 20-141.4" for "(iii) felony death by vehicle, G.S. 20-141.4(a1)" in subdivision (b)(3)c.

Session Laws 2007-493, s. 28, effective December 1, 2007, and applicable to offenses committed on or after that date, in subsection (a), substituted "concentration of 0.15" for "concentration of 0.16" in subdivision (a)(1), and added the last paragraph of the subsection.

Session Laws 2009-369, ss. 5 and 6, effective December 1, 2009, and applicable to applications for reinstatement that occur on or after that date, added subsection (a1), and in subdivision (b)(3)b., inserted "or subsection (a1)" near the middle.

Session Laws 2011-191, s. 3, effective December 1, 2011, and applicable to offenses committed on or after that date, added subdivision (a)(3) and made a related grammatical change; and in subdivision (b)(3)b., inserted "or (a)(3) of this section."

Session Laws 2013-348, s. 1, effective October 1, 2013, in subsection (c1), added the second, fourth, and fifth sentences, and substituted "In order to avoid an undue . . . to that person that is" for "unless the Division determines that one or more specific registered vehicles owned by that person are" in the third sentence; deleted the last two sentences in subsection (f), which read "If a person subject to this section is charged with driving while license revoked by violating the requirements of subsection (c1) of this section, and no other violation of this section is alleged, the court may make a determination at the hearing of the case that the vehicle, on which the ignition interlock system was not installed, was relied upon by another member of that person's family for transportation and that the vehicle was not in the possession of the person subject to this section, and therefore the vehicle was not required to be equipped with a functioning ignition interlock system. If the court determines that the vehicle was not required to be equipped with a functioning ignition interlock system and the person subject to this section has committed no other violation of this section, the court shall find the person not guilty of driving while license revoked."; and, in subsection ( l ), inserted "solely for the reason set forth in subdivision (a)(1) of this section and" in the first sentence, and added the last sentence. For applicability, see Editor's note.

Session Laws 2014-108, s. 1(a), rewrote the former last sentence of the introductory paragraph of subsection (j) as the last two sentences, and added the exception therein. See Editor's note for effective date and applicability.

Session Laws 2015-186, s. 4, effective December 1, 2015, inserted "for impaired driving" and substituted "G.S. 20-28(a1)" for "G.S. 20-28(a)" in the first sentence of subsection (f). For effective date and applicability, see Editor's note.

§ 20-17.8A. Tampering with ignition interlock systems.

Any person who tampers with, circumvents, or attempts to circumvent an ignition interlock device required to be installed on a motor vehicle pursuant to judicial order, statute, or as may be otherwise required as a condition for an individual to operate a motor vehicle, for the purpose of avoiding or altering testing on the ignition interlock device in the operation or attempted operation of a vehicle, or altering the testing results received or results in the process of being received on the ignition interlock device, is guilty of a Class 1 misdemeanor. Each act of tampering, circumvention, or attempted circumvention under this statute shall constitute a separate violation.

History

(2011-381, s. 1.)

Editor's Note. - Session Laws 2011-381, s. 6, made this section effective December 1, 2011, and applicable to offenses committed on or after that date. Session Laws 2011-381, s. 6, further provides: "Prosecutions for offenses committed before the effective date of this act [December 1, 2011] are not abated or affected by this act, and the statutes that would be applicable but for this act remain applicable to those prosecutions."

§ 20-17.9. Revocation of commercial drivers license with a P or S endorsement upon conviction of certain offenses.

The Division shall revoke the commercial drivers license with a P or S endorsement of any person convicted of any offense on or after December 1, 2009, that requires registration under Article 27A of Chapter 14 of the General Statutes. The person may apply for the issuance of a new commercial drivers license pursuant to this Chapter, but, pursuant to G.S. 20-17.4, shall remain disqualified from obtaining a commercial drivers license with a P or S endorsement for the period of time during which the person is required to maintain registration.

History

(2009-491, s. 3.)

Editor's Note. - Session Laws 2009-491, s. 7, provides: "This act becomes effective December 1, 2009. This act applies to persons whose initial registration under Article 27A of Chapter 14 of the General Statutes occurs on or after December 1, 2009, and to persons who are registered under Article 27A of Chapter 14 of the General Statutes prior to December 1, 2009, and continue to be registered on or after December 1, 2009. The criminal penalties enacted by this act apply to offenses occurring on or after December 1, 2009."

§ 20-18. Conviction of offenses described in § 20-181 not ground for suspension or revocation.

Conviction of offenses described in G.S. 20-181 shall not be cause for the suspension or revocation of driver's license under the terms of this Article.

History

(1939, c. 351, s. 2; 1955, c. 913, s. 1; 1979, c. 667, s. 41.)

§ 20-19. Period of suspension or revocation; conditions of restoration.

1. When a license is suspended under subdivision (8) or (9) of G.S. 20-16(a), the period of suspension shall be in the discretion of the Division and for such time as it deems best for public safety but shall not exceed six months.
2. When a license is suspended under subdivision (10) of G.S. 20-16(a), the period of suspension shall be in the discretion of the Division and for such time as it deems best for public safety but shall not exceed a period of 12 months.
3. When a license is suspended under any other provision of this Article which does not specifically provide a period of suspension, the period of suspension shall be not more than one year.
4. When a license is revoked under subdivision (2) of G.S. 20-17, and the period of revocation is not determined by subsection (d) or (e) of this section, the period of revocation is one year.
5. When a license is suspended under G.S. 20-17(a)(14), the period of revocation for a first conviction shall be for 10 days. For a second or subsequent conviction as defined in G.S. 20-138.2B(d), the period of revocation shall be one year.
6. Restriction; Revocations. - When the Division restores a person's drivers license which was revoked pursuant to G.S. 20-13.2(a), G.S. 20-23 when the offense involved impaired driving, G.S. 20-23.2, subdivision (2) of G.S. 20-17(a), subdivision (1) or (9) of G.S. 20-17(a) when the offense involved impaired driving, G.S. 20-138.5(d), or this subsection, in addition to any other restriction or condition, it shall place the applicable restriction on the person's drivers license as follows:
   1. For the first restoration of a drivers license for a person convicted of driving while impaired, G.S. 20-138.1, or a drivers license revoked pursuant to G.S. 20-23 or G.S. 20-23.2 when the offense for which the person's license was revoked prohibits substantially similar conduct which if committed in this State would result in a conviction of driving while impaired under G.S. 20-138.1, that the person not operate a vehicle with an alcohol concentration of 0.04 or more at any relevant time after the driving;
   2. For the second or subsequent restoration of a drivers license for a person convicted of driving while impaired, G.S. 20-138.1, or a drivers license revoked pursuant to G.S. 20-23 or G.S. 20-23.2 when the offense for which the person's license was revoked prohibits substantially similar conduct which if committed in this State would result in a conviction of driving while impaired under G.S. 20-138.1, that the person not operate a vehicle with an alcohol concentration greater than 0.00 at any relevant time after the driving;
   3. For any restoration of a drivers license for a person convicted of driving while impaired in a commercial motor vehicle, G.S. 20-138.2, habitual impaired driving, G.S. 20-138.5, driving while less than 21 years old after consuming alcohol or drugs, G.S. 20-138.3, felony death by vehicle, G.S. 20-141.4(a1), manslaughter or negligent homicide resulting from the operation of a motor vehicle when the offense involved impaired driving, or a revocation under this subsection, that the person not operate a vehicle with an alcohol concentration of greater than 0.00 at any relevant time after the driving;
   4. For any restoration of a drivers license revoked pursuant to G.S. 20-23 or G.S. 20-23.2 when the offense for which the person's license was revoked prohibits substantially similar conduct which if committed in this State would result in a conviction of driving while impaired in a commercial motor vehicle, G.S. 20-138.2, driving while less than 21 years old after consuming alcohol or drugs, G.S. 20-138.3, a violation of G.S. 20-141.4, or manslaughter or negligent homicide resulting from the operation of a motor vehicle when the offense involved impaired driving, that the person not operate vehicle with an alcohol concentration of greater than 0.00 at any relevant time after the driving.
7. Applicable Procedures. - When a person has violated a condition of restoration by refusing a chemical analysis, the notice and hearing procedures of G.S. 20-16.2 apply. When a person has submitted to a chemical analysis and the results show a violation of the alcohol concentration restriction, the notification and hearing procedures of this section apply.
8. Right to Hearing Before Division; Issues. - Upon receipt of a properly executed affidavit required by G.S. 20-16.2(c1), the Division must expeditiously notify the person charged that the person's license to drive is revoked for the period of time specified in this section, effective on the tenth calendar day after the mailing of the revocation order unless, before the effective date of the order, the person requests in writing a hearing before the Division. Except for the time referred to in G.S. 20-16.5, if the person shows to the satisfaction of the Division that the person's license was surrendered to the court and remained in the court's possession, then the Division shall credit the amount of time for which the license was in the possession of the court against the revocation period required by this section. If the person properly requests a hearing, the person retains the person's license, unless it is revoked under some other provision of law, until the hearing is held, the person withdraws the request, or the person fails to appear at a scheduled hearing. The hearing officer may subpoena any witnesses or documents that the hearing officer deems necessary. The person may request the hearing officer to subpoena the charging officer, the chemical analyst, or both to appear at the hearing if the person makes the request in writing at least three days before the hearing. The person may subpoena any other witness whom the person deems necessary, and the provisions of G.S. 1A-1, Rule 45, apply to the issuance and service of all subpoenas issued under the authority of this section. The hearing officer is authorized to administer oaths to witnesses appearing at the hearing. The hearing must be conducted in the county where the charge was brought, and must be limited to consideration of whether:
   1. The charging officer had reasonable grounds to believe that the person had violated the alcohol concentration restriction;
   2. The person was notified of the person's rights as required by G.S. 20-16.2(a);
   3. The drivers license of the person had an alcohol concentration restriction; and
   4. The person submitted to a chemical analysis upon the request of the charging officer, and the analysis revealed an alcohol concentration in excess of the restriction on the person's drivers license.
9. Appeal to Court. - There is no right to appeal the decision of the Division. However, if the person properly requested a hearing before the Division under subsection (c5) and the Division held such a hearing, the person may within 30 days of the date the Division's decision is mailed to the person, petition the superior court of the county in which the hearing took place for discretionary review on the record of the revocation. The superior court may stay the imposition of the revocation only if the court finds that the person is likely to succeed on the merits of the case and will suffer irreparable harm if such a stay is not granted. The stay shall not exceed 30 days. The reviewing court shall review the record only and shall be limited to determining if the Division hearing officer followed proper procedures and if the hearing officer made sufficient findings of fact to support the revocation. There shall be no further appeal.
10. When a person's license is revoked under (i) G.S. 20-17(a)(2) and the person has another offense involving impaired driving for which he has been convicted, which offense occurred within three years immediately preceding the date of the offense for which his license is being revoked, or (ii) G.S. 20-17(a)(9) due to a violation of G.S. 20-141.4(a3), the period of revocation is four years, and this period may be reduced only as provided in this section. The Division may conditionally restore the person's license after it has been revoked for at least two years under this subsection if he provides the Division with satisfactory proof that:
    1. He has not in the period of revocation been convicted in North Carolina or any other state or federal jurisdiction of a motor vehicle offense, an alcoholic beverage control law offense, a drug law offense, or any other criminal offense involving the possession or consumption of alcohol or drugs; and
    2. He is not currently an excessive user of alcohol, drugs, or prescription drugs, or unlawfully using any controlled substance. The person may voluntarily submit themselves to continuous alcohol monitoring for the purpose of proving abstinence from alcohol consumption during a period of revocation immediately prior to the restoration consideration.
       1. Monitoring periods of 120 days or longer shall be accepted by the Division as evidence of abstinence if the Division receives sufficient documentation that reflects that the person abstained from alcohol use during the monitoring period.
       2. The continuous alcohol monitoring system shall be a system approved under G.S. 15A-1343.3.
       3. The Division may establish guidelines for the acceptance of evidence of abstinence under this subdivision.
11. When a person's license is revoked under (i) G.S. 20-17(a)(2) and the person has two or more previous offenses involving impaired driving for which the person has been convicted, and the most recent offense occurred within the five years immediately preceding the date of the offense for which the person's license is being revoked, (ii) G.S. 20-17(a)(2) and the person was sentenced pursuant to G.S. 20-179(f3) for the offense resulting in the revocation, or (iii) G.S. 20-17(a)(9) due to a violation of G.S. 20-141.4(a4), the revocation is permanent.
12. Notwithstanding subsection (e) of this section, the Division may conditionally restore the license of a person to whom subsection (e) applies after it has been revoked for at least three years under subsection (e) if the person provides the Division with satisfactory proof of all of the following:
    1. In the three years immediately preceding the person's application for a restored license, the person has not been convicted in North Carolina or in any other state or federal court of a motor vehicle offense, an alcohol beverage control law offense, a drug law offense, or any criminal offense involving the consumption of alcohol or drugs.
    2. The person is not currently an excessive user of alcohol, drugs, or prescription drugs, or unlawfully using any controlled substance. The person may voluntarily submit themselves to continuous alcohol monitoring for the purpose of proving abstinence from alcohol consumption during a period of revocation immediately prior to the restoration consideration.
       1. Monitoring periods of 120 days or longer shall be accepted by the Division as evidence of abstinence if the Division receives sufficient documentation that reflects that the person abstained from alcohol use during the monitoring period.
       2. The continuous alcohol monitoring system shall be a system approved under G.S. 15A-1343.3.
       3. The Division may establish guidelines for the acceptance of evidence of abstinence under this subdivision.
13. Notwithstanding subsection (e) of this section, the Division may conditionally restore the license of a person to whom subsection (e) applies after it has been revoked for at least 24 months under G.S. 20-17(a)(2) if the person provides the Division with satisfactory proof of all of the following:
    1. The person has not consumed any alcohol for the 12 months preceding the restoration while being monitored by a continuous alcohol monitoring device of a type approved by the Division of Adult Correction and Juvenile Justice of the Department of Public Safety.
    2. The person has not in the period of revocation been convicted in North Carolina or any other state or federal jurisdiction of a motor vehicle offense, an alcoholic beverage control law offense, a drug law offense, or any other criminal offense involving the possession or consumption of alcohol or drugs.
    3. The person is not currently an excessive user of drugs or prescription drugs.
    4. The person is not unlawfully using any controlled substance.
14. If the Division restores a person's license under subsection (e1), (e2), or (e4) of this section, it may place reasonable conditions or restrictions on the person for any period up to five years from the date of restoration.
15. When a person's license is revoked under G.S. 20-138.5(d), the Division may conditionally restore the license of that person after it has been revoked for at least 10 years after the completion of any sentence imposed by the court, if the person provides the Division with satisfactory proof of all of the following:
    1. In the 10 years immediately preceding the person's application for a restored license, the person has not been convicted in North Carolina or in any other state or federal court of a motor vehicle offense, an alcohol beverage control law offense, a drug law offense, or any other criminal offense.
    2. The person is not currently a user of alcohol, unlawfully using any controlled substance, or an excessive user of prescription drugs.
16. When a license is revoked under any other provision of this Article which does not specifically provide a period of revocation, the period of revocation shall be one year.
17. When a license is suspended under subdivision (11) of G.S. 20-16(a), the period of suspension shall be for a period of time not in excess of the period of nonoperation imposed by the court as a condition of the suspended sentence; further, in such case, it shall not be necessary to comply with the Motor Vehicle Safety and Financial Responsibility Act in order to have such license returned at the expiration of the suspension period.
18. When a license is revoked under subdivision (12) of G.S. 20-17, the period of revocation is six months for conviction of a second offense and one year for conviction of a third or subsequent offense.
19. When a license is revoked under G.S. 20-17(a)(16), the period of revocation is 90 days for a second conviction and six months for a third or subsequent conviction. The term "second or subsequent conviction" shall have the same meaning as found in G.S. 20-17(a)(16).
20. Repealed by Session Laws 1983, c. 435, s. 17.
21. (For applicability, see Editor's note) When a person's license is revoked under G.S. 20-17(a)(1) or G.S. 20-17(a)(9), and the offense is one involving impaired driving and a fatality, the revocation is permanent. The Division may, however, conditionally restore the person's license after it has been revoked for at least five years under this subsection if he provides the Division with satisfactory proof that:
    1. In the five years immediately preceding the person's application for a restored license, he has not been convicted in North Carolina or in any other state or federal court of a motor vehicle offense, an alcohol beverage control law offense, a drug law offense, or any criminal offense involving the consumption of alcohol or drugs; and
    2. He is not currently an excessive user of alcohol or drugs.
22. The Division is authorized to issue amended revocation orders issued under subsections (d) and (e), if necessary because convictions do not respectively occur in the same order as offenses for which the license may be revoked under those subsections.
23. Before the Division restores a driver's license that has been suspended or revoked under G.S. 20-138.5(d), or under any provision of this Article, other than G.S. 20-24.1, the person seeking to have his driver's license restored shall submit to the Division proof that he has notified his insurance agent or company of his seeking the restoration and that he is financially responsible. Proof of financial responsibility shall be in one of the following forms:
    1. A written certificate or electronically-transmitted facsimile thereof from any insurance carrier duly authorized to do business in this State certifying that there is in effect a nonfleet private passenger motor vehicle liability policy for the benefit of the person required to furnish proof of financial responsibility. The certificate or facsimile shall state the effective date and expiration date of the nonfleet private passenger motor vehicle liability policy and shall state the date that the certificate or facsimile is issued. The certificate or facsimile shall remain effective proof of financial responsibility for a period of 30 consecutive days following the date the certificate or facsimile is issued but shall not in and of itself constitute a binder or policy of insurance or
    2. A binder for or policy of nonfleet private passenger motor vehicle liability insurance under which the applicant is insured, provided that the binder or policy states the effective date and expiration date of the nonfleet private passenger motor vehicle liability policy.

In addition, the person seeking restoration of a license must agree to submit to a chemical analysis in accordance with G.S. 20-16.2 at the request of a law enforcement officer who has reasonable grounds to believe the person is operating a motor vehicle on a highway or public vehicular area in violation of the restriction specified in this subsection. The person must also agree that, when requested by a law enforcement officer, the person will agree to be transported by the law enforcement officer to the place where chemical analysis is to be administered.

The restrictions placed on a license under this subsection shall be in effect (i) seven years from the date of restoration if the person's license was permanently revoked, (ii) until the person's twenty-first birthday if the revocation was for a conviction under G.S. 20-138.3, and (iii) three years in all other cases.

A law enforcement officer who has reasonable grounds to believe that a person has violated a restriction placed on the person's drivers license shall complete an affidavit pursuant to G.S. 20-16.2(c1). On the basis of information reported pursuant to G.S. 20-16.2, the Division shall revoke the drivers license of any person who violates a condition of reinstatement imposed under this subsection. An alcohol concentration report from an ignition interlock system shall not be used as the basis for revocation under this subsection. A violation of a restriction imposed under this subsection or the willful refusal to submit to a chemical analysis shall result in a one-year revocation. If the period of revocation was imposed pursuant to subsection (d) or (e), or G.S. 20-138.5(d), any remaining period of the original revocation, prior to its reduction, shall be reinstated and the one-year revocation begins after all other periods of revocation have terminated.

If the Division finds that the conditions specified in this subsection are met, it must order the revocation sustained. If the Division finds that any of the conditions (1), (2), (3), or (4) is not met, it must rescind the revocation. If the revocation is sustained, the person must surrender the person's license immediately upon notification by the Division.

If the Division restores the person's license, it may place reasonable conditions or restrictions on the person for the duration of the original revocation period.

If the Division restores the person's license, it may place reasonable conditions or restrictions on the person for any period up to seven years from the date of restoration.

The preceding provisions of this subsection do not apply to applicants who do not own currently registered motor vehicles and who do not operate nonfleet private passenger motor vehicles that are owned by other persons and that are not insured under commercial motor vehicle liability insurance policies. In such cases, the applicant shall sign a written certificate to that effect. Such certificate shall be furnished by the Division and may be incorporated into the restoration application form. Any material misrepresentation made by such person on such certificate shall be grounds for suspension of that person's license for a period of 90 days.

For the purposes of this subsection, the term "nonfleet private passenger motor vehicle" has the definition ascribed to it in Article 40 of General Statute Chapter 58.

The Commissioner may require that certificates required by this subsection be on a form approved by the Commissioner. The financial responsibility required by this subsection shall be kept in effect for not less than three years after the date that the license is restored. Failure to maintain financial responsibility as required by this subsection shall be grounds for suspending the restored driver's license for a period of thirty (30) days. Nothing in this subsection precludes any person from showing proof of financial responsibility in any other manner authorized by Articles 9A and 13 of this Chapter.

History

(1935, c. 52, s. 13; 1947, c. 1067, s. 15; 1951, c. 1202, ss. 2-4; 1953, c. 1138; 1955, c. 1187, ss. 13, 17, 18; 1957, c. 499, s. 2; c. 515, s. 1; 1959, c. 1264, s. 11A; 1969, c. 242; 1971, c. 619, ss. 8-10; 1973, c. 1445, ss. 1-4; 1975, c. 716, s. 5; 1979, c. 903, ss. 4-6; 1981, c. 412, s. 4; c. 747, ss. 34, 66; 1983, c. 435, s. 17; 1983 (Reg. Sess., 1984), c. 1101, s. 18; 1987, c. 869, s. 12; 1987 (Reg. Sess., 1988), c. 1112; 1989, c. 436, s. 5; c. 771, s. 18; 1995, c. 506, s. 8; 1998-182, s. 21; 1999-406, s. 2; 1999-452, ss. 11, 12; 2000-140, ss. 3, 4; 2000-155, s. 6; 2001-352, s. 4; 2007-165, ss. 1(a), (b); 2007-493, ss. 11-14; 2008-187, s. 9; 2009-99, s. 1; 2009-369, ss. 1-4; 2009-500, ss. 1, 2; 2011-145, s. 19.1(h); 2011-191, s. 2; 2014-115, s. 61.5; 2017-176, s. 2(b); 2017-186, s. 2(jjjj).)

Cross References. - As to Division of Adult Correction and Juvenile Justice of the Department of Public Safety establishing regulations for continuous alcohol monitoring systems, see G.S. 15A-1343.3.

Editor's Note. - Session Laws 1999-406, s. 18, states that the act does not obligate the General Assembly to appropriate additional funds, and that the act shall be implemented with funds available or appropriated to the Department of Transportation and the Administrative Office of the Courts.

Session Laws 2007-493, s. 33, as amended by Session Laws 2009-99, s. 1, provides: "Sections 26, 27, 28, 29, 30, and 31 of this act become effective December 1, 2007, and apply to offenses committed on or after that date. Section 14 of this act applies to persons whose waiting period for a hearing on conditional restoration commences on or after the effective date of this act. The remainder of this act is effective when it becomes law. Prosecutions for offenses committed before the effective date of this act are not abated or affected by this act, and the statutes that would be applicable but for this act remain applicable to those prosecutions."

Subsection (e), as originally amended by Session Laws 2007-165, s. 1(b), had two subdivisions designated (e)(1) and two subdivisions designated (e)(2). Session Laws 2008-187 corrected the subsection (e) designation scheme.

The amendment by Session Laws 2007-493, s. 14, rewrote subsection (i), and was effective August 30, 2007, and applicable to persons whose waiting period for a hearing on conditional restoration commences on or after that date, pursuant to Session Laws 2007-493, s. 33, as amended by Session Laws 2009-99, s. 1.

Subsection (e), as originally amended by Session Laws 2007-165, s. 1(b), had two subdivisions designated (e)(1) and two subdivisions designated (e)(2). Session Laws 2008-187 corrected the subsection (e) designation scheme.

Session Laws 2009-369, s. 7, as amended by Session Laws 2014-115, s. 61.5, and as amended by Session Laws 2017-176, s. 2(b), provides: "This act becomes effective December 1, 2009, and applies to applications for reinstatement that occur on or after that date." Session Laws 2017-176, s. 2(b) repealed the expiration date for amendments by Session Laws 2009-369, ss. 1-4, retroactively effective December 1, 2016.

Effect of Amendments. - Session Laws 2008-187, s. 9, effective August 7, 2008, rewrote subsection (e) as present subsections (e), (e1), (e2), and (e3).

Session Laws 2009-369, ss. 1 through 4, as amended by Session Laws 2014-115, s. 61.5, effective December 1, 2009, and applicable to applications for reinstatement that occur on or after that date, in subsection (c3), in the introductory language, inserted "G.S. 20-138.5(d)"; in subdivision (c3)(3), inserted "habitual impaired driving, G.S. 20-138.5"; in the last paragraph of subsection (c3), inserted "or G.S. 20-138.5(d)"; in subsection (e3) substituted "(e1), (e2), or (e4)" for "(e1) or (e2)"; added subsection (e4); and in subsection (k), inserted "G.S. 20-138.5(d), or under" in the introductory language.

Session Laws 2009-500, ss. 1 and 2, effective for hearings or proceedings occurring on or after December 1, 2009, added the second sentence in subdivisions (d)(2) and (e1)(2); and added subdivisions (d)(2)a.-(d)(2)c and (e1)(2)a.-(e1)(2)c.

Session Laws 2011-145, s. 19.1(h), effective January 1, 2012, substituted "Division of Adult Correction of the Department of Public Safety" for "Department of Correction" in subdivision (e2)(1).

Session Laws 2011-191, s. 2, effective December 1, 2011, and applicable to offenses committed on or after that date, in subsection (e), inserted (ii), redesignated former (ii) as (iii), and made a related change.

Session Laws 2017-186, s. 2(jjjj), effective December 1, 2017, inserted "and Juvenile Justice" in subdivision (e2)(1).

Legal Periodicals. - For survey of 1978 constitutional law, see 57 N.C.L. Rev. 958 (1979).

§ 20-20: Repealed by Session Laws 1981, c. 938, s. 5.

Cross References. - For present provisions concerning the surrender of an operator's license which has been revoked or suspended, see G.S. 20-45(b).

§ 20-20.1. Limited driving privilege for certain revocations.

1. Definitions. - The following definitions apply in this section:
   1. Limited driving privilege. - A judgment issued by a court authorizing a person with a revoked drivers license to drive under specified terms and conditions.
   2. Nonstandard working hours. - Anytime other than 6:00 A.M. until 8:00 P.M. on Monday through Friday.
   3. Standard working hours. - Anytime from 6:00 A.M. until 8:00 P.M. on Monday through Friday.
   4. Underlying offense. - The offense for which a person's drivers license was revoked when the person was charged under G.S. 20-28(a), driving with a revoked license, or under G.S. 20-28.1, committing a motor vehicle moving offense while driving with a revoked license.
2. Eligibility. - A person is eligible to apply for a limited driving privilege under this section if all of the following conditions apply:
   1. The person's license is currently revoked under G.S. 20-28(a) or G.S. 20-28.1.
   2. The person has complied with the revocation for the period required in subsection (c) of this section immediately preceding the date the person files a petition for a limited driving privilege under this section.
   3. The person's underlying offense is not an offense involving impaired driving and, if the person's license is revoked under G.S. 20-28.1 for committing a motor vehicle moving offense while driving with a revoked license, the moving offense is not an offense involving impaired driving.
   4. The revocation period for the underlying offense has expired.
   5. The revocation under G.S. 20-28(a) or G.S. 20-28.1 is the only revocation in effect.
   6. The person is not eligible to receive a limited driving privilege under any other law.
   7. The person has not held a limited driving privilege issued under this section at anytime during the three years prior to the date the person files the current petition.
   8. The person has no pending charges for any motor vehicle offense in this or in any other state and has no unpaid motor vehicle fines or penalties in this or in any other state.
   9. The person's drivers license issued by another state has not been revoked by that state.
   10. G.S. 20-9(e) or G.S. 20-9(f) does not prohibit the Division from issuing the person a license.
3. Compliance Period. - The following table sets out the period during which a person must comply with a revocation under G.S. 20-28(a) or G.S. 20-28.1 to be eligible for a limited driving privilege under this section:
4. Petition. - A person may apply for a limited driving privilege under this section by filing a petition. A petition filed under this section is separate from the action that resulted in the initial revocation and is a civil action. A petition must be filed in district court in the county of the person's residence as reflected by the Division's records or, if the Division's records are inaccurate, in the county of the person's actual residence. A person must attach to a petition a copy of the person's motor vehicle record. A petition must include a sworn statement that the person filing the petition is eligible for a limited driving privilege under this section.
5. Scope of Privilege. - A limited driving privilege restricts the person to essential driving related to one or more of the purposes listed in this subsection. Any driving that is not related to the purposes authorized in this subsection is unlawful even though done at times and upon routes that may be authorized by the privilege. Except as otherwise provided, all driving must be for a purpose and done within the restrictions specified in the privilege.
   1. Travel to and from the person's place of employment and in the course of employment.
   2. Travel necessary for maintenance of the person's household.
   3. Travel to provide emergency medical care for the person or for an immediate family member of the person who resides in the same household with the person. Driving related to emergency medical care is authorized at anytime and without restriction as to routes.
6. Employment Driving in Standard Working Hours. - The court may authorize driving for employment-related purposes during standard working hours without specifying times and routes for the driving. If the person is required to drive for essential employment-related purposes only during standard working hours, the limited driving privilege must prohibit driving during nonstandard working hours unless the driving is for emergency medical care or for authorized household maintenance. The limited driving privilege must state the name and address of the person's employer and may, in the discretion of the court, include other information and restrictions applicable to employment-related driving.
7. Employment Driving in Nonstandard Working Hours. - If a person is required to drive during nonstandard working hours for an essential employment-related purpose and the person provides documentation of that fact to the court, the court may authorize the person to drive for that purpose during those hours. If the person is self-employed, the documentation must be attached to or made a part of the limited driving privilege. If the person is employed by another, the limited driving privilege must state the name and address of the person's employer and may, in the discretion of the court, include other information and restrictions applicable to employment-related driving. If the court determines that it is necessary for the person to drive during nonstandard working hours for an employment-related purpose, the court may authorize the person to drive subject to these limitations:
   1. If the person is required to drive to and from a specific place of employment at regular times, the limited driving privilege must specify the general times and routes by which the person may drive to and from work and must restrict driving to those times and routes.
   2. If the person is required to drive to and from work at a specific place but is unable to specify the times during which the driving will occur, the limited driving privilege must specify the general routes by which the person may drive to and from work and must restrict driving to those general routes.
   3. If the person is required to drive to and from work at regular times but is unable to specify the places at which work is to be performed, the limited driving privilege must specify the general times and geographic boundaries within which the person may drive and must restrict driving to those times and boundaries.
   4. If the person can specify neither the times nor places in which the person will be driving to and from work, the limited driving privilege must specify the geographic boundaries within which the person may drive and must restrict driving to those boundaries.
8. Household Maintenance. - A limited driving privilege may allow driving for maintenance of the household only during standard working hours. The court, at its discretion, may impose additional restrictions on driving for the maintenance of the household.
9. Restrictions. - A limited driving privilege that is not authorized by this section or that does not contain the restrictions required by law is invalid. A limited driving privilege issued under this section is subject to the following conditions:
   1. Financial responsibility. - A person applying for a limited driving privilege under this section must provide the court proof of financial responsibility acceptable under G.S. 20-16.1(g) and must maintain the financial responsibility during the period of the limited driving privilege.
   2. Alcohol restrictions. - A person who received a limited driving privilege under this section may not consume alcohol while driving or drive at anytime while the person has remaining in the person's body any alcohol or controlled substance previously consumed, unless the controlled substance was lawfully obtained and taken in therapeutically appropriate amounts.
   3. Others. - The court may impose any other reasonable restrictions or conditions necessary to achieve the purposes of this section.
10. Term and Reinstatement. - The term of a limited driving privilege issued under this section is the shorter of one year or the length of time remaining in the revocation period imposed under G.S. 20-28(a) or G.S. 20-28.1. When the term of the limited driving privilege expires, the Division must reinstate the person's license if the person meets all of the conditions listed in this subsection. The Division may impose restrictions or conditions on the new license in accordance with G.S. 20-7(e). The conditions are:
    1. Payment of the restoration fee as required under G.S. 20-7(i1).
    2. Providing proof of financial responsibility as required under G.S. 20-7(c1).
    3. Providing the proof required for reinstatement of a license under G.S. 20-28(c1).
11. Modification. - A court may modify or revoke a person's limited driving privilege issued under this section upon a showing that the circumstances have changed sufficiently to justify modification or revocation. If the judge who issued the privilege is not presiding in the court in which the privilege was issued, a presiding judge in that court may modify or revoke the privilege. The judge must indicate in the order of modification or revocation the reasons for the order or make specific findings indicating the reason for the order and enter those findings in the record of the case. When a court issues an order of modification or revocation, the clerk of court must send a copy of the order to the Division.
12. Effect of Violation. - A violation of a limited driving privilege issued under this section constitutes the offense of driving while license revoked under G.S. 20-28. When a person is charged with operating a motor vehicle in violation of the limited driving privilege, the limited driving privilege is suspended pending the final disposition of the charge.

Revocation Period Compliance Period 1 Year 90 Days 2 Years 1 Year Permanent 2 Years

A court, for good cause shown, may issue a limited driving privilege to an eligible person in accordance with this section. The costs required under G.S. 7A-305(a) and G.S. 20-20.2 apply to a petition filed under this section. The clerk of court for the court that issues a limited driving privilege under this section must send a copy of the limited driving privilege to the Division.

The permissible purposes for a limited driving privilege are:

History

(2007-293, s. 1; 2007-323, s. 30.11(d); 2007-345, s. 9.1(c); 2008-118, s. 2.9(b).)

Editor's Note. - Session Laws 2007-293, s. 3, made this section effective December 1, 2007, and applicable to revocations that occur before, on, or after December 1, 2007.

Effect of Amendments. - Session Laws 2008-118, s. 2.9(b), effective July 1, 2008, substituted "and G.S. 20-20.2" for "and (a3)" in the second paragraph of subsection (d).

§ 20-20.2. Processing fee for limited driving privilege.

Upon the issuance of a limited driving privilege by a court under this Chapter, the applicant or petitioner must pay, in addition to any other costs associated with obtaining the privilege, a processing fee of one hundred dollars ($100.00). The applicant or petitioner shall pay this fee to the clerk of superior court in the county in which the limited driving privilege is issued. The fee must be remitted to the State Treasurer and used for support of the General Court of Justice. The failure to pay this fee shall render the privilege invalid.

History

(2007-323, s. 30.11(b); 2007-345, s. 9.1(b).)

Editor's Note. - Session Laws 2007-323, s. 30.11(e), made this section effective August 1, 2007, and applicable to costs assessed or collected on or after August 1, 2007.

Effect of Amendments. - Session Laws 2007-345, s. 9.1(b), effective August 1, 2007, and applicable to costs assessed on or after that date, substituted "a processing fee of one hundred dollars ($100.00)" for "the processing fee imposed under G.S. 7A-305(a3)" at the end of the first sentence, and added the third sentence.

§ 20-21. No operation under foreign license during suspension or revocation in this State.

Any resident or nonresident whose driver's license or right or privilege to operate a motor vehicle in this State has been suspended or revoked as provided in this Article shall not operate a motor vehicle in this State under a license, permit or registration issued by another jurisdiction or otherwise during such suspension, or after such revocation until a new license is obtained when and as permitted under this Article.

History

(1935, c. 52, s. 15; 1979, c. 667, s. 41.)

§ 20-22. Suspending privileges of nonresidents and reporting convictions.

1. The privilege of driving a motor vehicle on the highways of this State given to a nonresident hereunder shall be subject to suspension or revocation by the Division in like manner and for like cause as a driver's license issued hereunder may be suspended or revoked.
2. The Division is further authorized, upon receiving a record of the conviction in this State of a nonresident driver of a motor vehicle of any offense under the motor vehicle laws of this State, to forward a certified copy of such record to the motor vehicle administrator in the state wherein the person so convicted is a resident.

History

(1935, c. 52, s. 16; 1975, c. 716, s. 5; 1979, c. 667, s. 41.)

§ 20-23. Revoking resident's license upon conviction in another state.

The Division may revoke the license of any resident of this State upon receiving notice of the person's conviction in another state of an offense set forth in G.S. 20-26(a).

History

(1935, c. 52, s. 17; 1971, c. 486, s. 2; 1975, c. 716, s. 5; 1979, c. 667, s. 22; 1993, c. 533, s. 6.)

Cross References. - As to Division's authority to suspend license, see G.S. 20-16.

Legal Periodicals. - For note on choice of law rules in North Carolina, see 48 N.C.L. Rev. 243 (1970).

§ 20-23.1. Suspending or revoking operating privilege of person not holding license.

In any case where the Division would be authorized to suspend or revoke the license of a person but such person does not hold a license, the Division is authorized to suspend or revoke the operating privilege of such a person in like manner as it could suspend or revoke his license if such person held a driver's license, and the provisions of this Chapter governing suspensions, revocations, issuance of a license, and driving after license suspended or revoked, shall apply in the discretion of the Division in the same manner as if the license has been suspended or revoked.

History

(1955, c. 1187, s. 19; 1969, c. 186, s. 2; 1975, c. 716, s. 5; 1979, c. 667, s. 41.)

§ 20-23.2. Suspension of license for conviction of offense involving impaired driving in federal court.

Upon receipt of notice of conviction in any court of the federal government of an offense involving impaired driving, the Division is authorized to revoke the driving privilege of the person convicted in the same manner as if the conviction had occurred in a court of this State.

History

(1969, c. 988; 1971, c. 619, s. 11; 1975, c. 716, s. 5; 1979, c. 903, s. 12; 1981, c. 412, s. 4; c. 747, s. 66; 1983, c. 435, s. 18.)

§ 20-24. When court or child support enforcement agency to forward license to Division and report convictions, child support delinquencies, and prayers for judgment continued.

1. License. - A court that convicts a person of an offense that requires revocation of the person's drivers license or revokes a person's drivers license pursuant to G.S. 50-13.12 shall require the person to give the court any regular or commercial drivers license issued to that person. A court that convicts a person of an offense that requires disqualification of the person but would not require revocation of a regular drivers license issued to that person shall require the person to give the court any Class A or Class B regular drivers license and any commercial drivers license issued to that person.
2. Convictions, Court Orders of Drivers License Revocations, and PJCs. - The clerk of court shall send the Division a record of any of the following:
   1. A conviction of a violation of a law regulating the operation of a vehicle.
   2. A conviction for which the convicted person is placed on probation and a condition of probation is that the person not drive a motor vehicle for a period of time, stating the period of time for which the condition applies.
   3. A conviction of a felony in the commission of which a motor vehicle is used, when the judgment includes a finding that a motor vehicle was used in the commission of the felony.
   4. A conviction that requires revocation of the drivers license of the person convicted and is not otherwise reported under subdivision (1).
   5. A court order revoking drivers license pursuant to G.S. 50-13.12.
   6. An order entering prayer for judgment continued in a case involving an alleged violation of a law regulating the operation of a vehicle.
3. In any case in which the Division, for any reason, does not receive a record of a conviction or a prayer for judgment continued until more than one year after the date it is entered, the Division may, in its discretion, substitute a period of probation for all or any part of a revocation or disqualification required because of the conviction or prayer for judgment continued.
4. Repealed by Session Laws 1991, c. 726, s. 10.
5. Scope. - This Article governs drivers license revocation and disqualification. A drivers license may not be revoked and a person may not be disqualified except in accordance with this Article.
6. Special Information. - A judgment for a conviction for an offense for which special information is required under this subsection shall, when appropriate, include a finding of the special information. The convictions for which special information is required and the specific information required is as follows:
   1. Homicide. - If a conviction of homicide involves impaired driving, the judgment must indicate that fact.
   2. G.S. 20-138.1, Driving While Impaired. - If a conviction under G.S. 20-138.1 involves a commercial motor vehicle, the judgment must indicate that fact. If a conviction under G.S. 20-138.1 involves a commercial motor vehicle that was transporting a hazardous substance required to be placarded, the judgment must indicate that fact.
   3. G.S. 20-138.2, Driving Commercial Motor Vehicle While Impaired. - If the commercial motor vehicle involved in an offense under G.S. 20-138.2 was transporting a hazardous material required to be placarded, a judgment for that offense must indicate that fact.
   4. G.S. 20-166, Hit and Run. - If a conviction under G.S. 20-166 involves a commercial motor vehicle, the judgment must indicate that fact. If a conviction under G.S. 20-166 involves a commercial motor vehicle that was transporting a hazardous substance required to be placarded, the judgment must indicate that fact.
   5. Felony Using Commercial Motor Vehicle. - If a conviction of a felony in which a commercial motor vehicle was used involves the manufacture, distribution, or dispensing of a controlled substance, or possession with intent to manufacture, distribute, or dispense a controlled substance, the judgment must indicate that fact. If a commercial motor vehicle used in a felony was transporting a hazardous substance required to be placarded, the judgment for that felony must indicate that fact.

The clerk of court in a non-IV-D case, and the child support enforcement agency in a IV-D case, shall accept a drivers license required to be given to the court under this subsection. A clerk of court or the child support enforcement agency who receives a drivers license shall give the person whose license is received a copy of a dated receipt for the license. The receipt must be on a form approved by the Commissioner. A revocation or disqualification for which a license is received under this subsection is effective as of the date on the receipt for the license.

The clerk of court or the child support enforcement agency shall notify the Division of a license received under this subsection either by forwarding to the Division the license, a record of the conviction for which the license was received, a copy of the court order revoking the license for failure to pay child support for which the license was received, and the original dated receipt for the license or by electronically sending to the Division the information on the license, the record of conviction or court order revoking the license for failure to pay child support, and the receipt given for the license. The clerk of court or the child support enforcement agency must forward the required items unless the Commissioner has given the clerk of court or the child support enforcement agency approval to notify the Division electronically. If the clerk of court or the child support enforcement agency notifies the Division electronically, the clerk of court or the child support enforcement agency must destroy a license received after sending to the Division the required information. The clerk of court or the child support enforcement agency shall notify the Division within 30 days after entry of the conviction or court order revoking the license for failure to pay child support for which the license was received.

The child support enforcement agency shall send the Division a record of any court order revoking drivers license pursuant to G.S. 110-142.2(a)(1).

With the approval of the Commissioner, the clerk of court or the child support enforcement agency may forward a record of conviction, court order revoking drivers license, or prayer for judgment continued to the Division by electronic data processing means.

History

(1935, c. 52, s. 18; 1949, c. 373, ss. 3, 4; 1955, c. 1187, s. 14; 1959, c. 47; 1965, c. 38; 1973, c. 19; 1975, cc. 46, 445; c. 716, s. 5; c. 871, s. 1; 1979, c. 667, s. 41; 1981, c. 416; c. 839; 1983, c. 294, s. 5; c. 435, s. 19; 1985, c. 764, s. 18; 1985 (Reg. Sess., 1986), c. 852, s. 17; 1987, c. 581, s. 1; c. 658, s. 2; 1989, c. 771, s. 10; 1991, c. 726, s. 10; 1993, c. 533, s. 7; 1995, c. 538, s. 2(c).)

Local Modification. - Hertford as to subsection (b): 1953, c. 1059; Washington, as to subsection (b): 1953, c. 765.

Cross References. - For present provisions regarding definitions for "conviction", which were formerly found in subsection (c) of this section, see G.S. 20-4.01(4a).

§ 20-24.1. Revocation for failure to appear or pay fine, penalty or costs for motor vehicle offenses.

1. The Division must revoke the driver's license of a person upon receipt of notice from a court that the person was charged with a motor vehicle offense and he:
   1. failed to appear, after being notified to do so, when the case was called for a trial or hearing; or
   2. failed to pay a fine, penalty, or court costs ordered by the court.
2. A license revoked under this section remains revoked until the person whose license has been revoked:
   1. disposes of the charge in the trial division in which he failed to appear when the case was last called for trial or hearing; or
   2. demonstrates to the court that he is not the person charged with the offense; or
   3. pays the penalty, fine, or costs ordered by the court; or
   4. demonstrates to the court that his failure to pay the penalty, fine, or costs was not willful and that he is making a good faith effort to pay or that the penalty, fine, or costs should be remitted.
3. A defendant must be afforded an opportunity for a trial or a hearing within a reasonable time of the defendant's appearance. Upon motion of a defendant, the court must order that a hearing or a trial be heard within a reasonable time.
4. If the person satisfies the conditions of subsection (b) that are applicable to his case before the effective date of the revocation order, the revocation order and any entries on his driving record relating to it shall be deleted and the person does not have to pay the restoration fee set by G.S. 20-7(i1). For all other revocation orders issued pursuant to this section, G.S. 50-13.12 or G.S. 110-142.2, the person must pay the restoration fee and satisfy any other applicable requirements of this Article before the person may be relicensed.
5. To facilitate the prompt return of licenses and to prevent unjustified charges of driving while license revoked, the clerk of court, upon request, must give the person a copy of the notice it sends to the Division to indicate that the person has complied with the conditions of subsection (b) applicable to his case. If the person complies with the condition before the effective date of the revocation, the notice must indicate that the person is eligible to drive if he is otherwise validly licensed.
6. As used in this section and in G.S. 20-24.2, the word offense includes crimes and infractions created by this Chapter.
7. If a license is revoked under subdivision (2) of subsection (a) of this section, and for no other reason, the person subject to the order may apply to the court for a limited driving privilege valid for up to one year or until any fine, penalty, or court costs ordered by the court are paid. The court may grant the limited driving privilege in the same manner and under the terms and conditions prescribed in G.S. 20-16.1. A person is eligible to apply for a limited driving privilege under this subsection only if the person has not had a limited driving privilege granted under this subsection within the three years prior to application.

Revocation orders entered under the authority of this section are effective on the sixtieth day after the order is mailed or personally delivered to the person.

Upon receipt of notice from the court that the person has satisfied the conditions of this subsection applicable to his case, the Division must restore the person's license as provided in subsection (c). In addition, if the person whose license is revoked is not a resident of this State, the Division may notify the driver licensing agency in the person's state of residence that the person's license to drive in this State has been revoked.

History

(1985, c. 764, s. 19; 1985 (Reg. Sess., 1986), c. 852, ss. 4-6, 9, 17; 1987, c. 581, s. 4; 1991, c. 682, s. 4; 1993, c. 313, s. 1; 1995, c. 538, s. 2(d); 2020-77, s. 6.5(a).)

Editor's Note. - Session Laws 2020-77, s. 6.5(b), made subsection (f) of this section, as added by Session Laws 2020-77, s. 6.5(a), effective December 1, 2020, and applicable to applications for limited driving privileges filed on or after that date.

Effect of Amendments. - Session Laws 2020-77, s. 6.5(a), added subsection (f). For effective date and applicability, see editor's note.

§ 20-24.2. Court to report failure to appear or pay fine, penalty or costs.

1. The court must report to the Division the name of any person charged with a motor vehicle offense under this Chapter who:
   1. Fails to appear to answer the charge as scheduled, unless within 20 days after the scheduled appearance, he either appears in court to answer the charge or disposes of the charge pursuant to G.S. 7A-146; or
   2. Fails to pay a fine, penalty, or costs within 40 days of the date specified in the court's judgment.
2. The reporting requirement of this section and the revocation mandated by G.S. 20-24.1 do not apply to offenses in which an order of forfeiture of a cash bond is entered and reported to the Division pursuant to G.S. 20-24. If an order is sent to the Division by the clerk through clerical mistake or other inadvertence, the clerk's office that sent the report of noncompliance must withdraw the report and send notice to the Division which shall correct its records accordingly.

History

(1985, c. 764, s. 3; 1985 (Reg. Sess., 1986), c. 852, ss. 3, 17; 1987, c. 581, s. 3; 1991, c. 682, s. 5; 2015-247, s. 1(b).)

Editor's Note. - This section was formerly G.S. 15A-1117, as enacted by Session Laws 1985, c. 764, s. 3. It was rewritten and recodified as this section by Session Laws 1985 (Reg. Sess., 1986), c. 852, s. 3, effective September 1, 1986.

Session Laws 2015-247, which, in s. 1(b), amended subdivision (a)(2) by substituting "40 days" for "20 days," in s. 1(c) provides: "This section becomes effective December 1, 2015, except that a failure to pay after 20 days occurring before the effective date of this act is not abated or affected by this act and the statutes that would be applicable but for this act remain applicable to that failure to pay."

Effect of Amendments. - Session Laws 2015-247, s. 1(b), effective December 1, 2015, substituted "40 days" for "20 days" in subdivision (a)(2). For applicability, see editor's note.

§ 20-25. Right of appeal to court.

Any person denied a license or whose license has been canceled, suspended or revoked by the Division, except where such cancellation is mandatory under the provisions of this Article, shall have a right to file a petition within 30 days thereafter for a hearing in the matter in the superior court of the county wherein such person shall reside, or to the resident judge of the district or judge holding the court of that district, or special or emergency judge holding a court in such district in which the violation was committed, and such court or judge is hereby vested with jurisdiction and it shall be its or his duty to set the matter for hearing upon 30 days' written notice to the Division, and thereupon to take testimony and examine into the facts of the case, and to determine whether the petitioner is entitled to a license or is subject to suspension, cancellation or revocation of license under the provisions of this Article. Provided, a judge of the district court shall have limited jurisdiction under this section to sign and enter a temporary restraining order only.

History

(1935, c. 52, s. 19; 1975, c. 716, s. 5; 1987, c. 659, s. 1.)

§ 20-26. Records; copies furnished; charge.

1. The Division shall keep a record of all applications for a drivers license, all tests given an applicant for a drivers license, all applications for a drivers license that are denied, all drivers licenses issued, renewed, cancelled, or revoked, all disqualifications, all convictions affecting a drivers license, and all prayers for judgment continued that may lead to a license revocation.  When the Division cancels or revokes a commercial drivers license or disqualifies a person, the Division shall update its records to reflect that action within 10 days after the cancellation, revocation, or disqualification becomes effective.  When a person who is not a resident of this State is convicted of an offense or commits an act requiring revocation of the person's commercial drivers license or disqualification of the person, the Division shall notify the licensing authority of the person's state of residence.
2. The Division shall furnish certified copies of license records required to be kept by subsection (a) of this section to State, county, municipal and court officials of this State for official use only, without charge. A certified copy of a driver's records kept pursuant to subsection (a) may be sent by the Police Information Network. In addition to the uses authorized by G.S. 8-35.1, a copy certified under the authority of this section is admissible as prima facie evidence of the status of the person's license. The Attorney General and the Commissioner of Motor Vehicles are authorized to promulgate such rules and regulations as may be necessary to implement the provision of this subsection.
3. The registered or declared weight set forth on the vehicle registration card or a certified copy of the Division record sent by the Department of Public Safety or otherwise is admissible in any judicial or administrative proceeding and shall be prima facie evidence of the registered or declared weight.
4. The Division shall furnish copies of license records required to be kept by subsection (a) of this section in accordance with G.S. 20-43.1 to other persons for uses other than official upon prepayment of the following fees:
   1. Limited extract copy of license record, for period up to three years ..........................................$10.00      (2) Complete extract copy of license record ........................ 10.00      (3) Certified true copy of complete license record .................14.00.
5. The charge for records provided pursuant to this section shall not be subject to the provisions of Chapter 132 of the General Statutes.
6. In the event of a mistake on the part of any person in ordering license records under subsection (c) of this section, the Commissioner may refund or credit to that person up to sixty-five percent (65%) of the amount paid for the license records.
7. On and after July 1, 1988, the Division shall expeditiously furnish to insurance agents, insurance companies, and to insurance support organizations as defined in G.S. 58-39-15(12), for the purpose of rating nonfleet private passenger motor vehicle insurance policies, through electronic data processing means or otherwise, copies of or information pertaining to license records that are required to be kept pursuant to subsection (a) of this section.

The Division shall keep records of convictions occurring outside North Carolina for the offenses of exceeding a stated speed limit of 55 miles per hour or more by more than 15 miles per hour, driving while license suspended or revoked, careless and reckless driving, engaging in prearranged speed competition, engaging willfully in speed competition, hit-and-run driving resulting in damage to property, unlawfully passing a stopped school bus, illegal transportation of alcoholic beverages, and the offenses included in G.S. 20-17. The Division shall also keep records of convictions occurring outside North Carolina for any serious traffic violation that involves a commercial motor vehicle and is not otherwise required to be kept under this subsection.

All fees received by the Division under this subsection shall be credited to the Highway Fund.

History

(1935, c. 52, s. 20; 1961, c. 307; 1969, c. 783, s. 3; 1971, c. 486, s. 1; 1975, c. 716, s. 5; 1979, c. 667, s. 23; c. 903, ss. 9, 10; 1981, c. 145, s. 1; c. 412, s. 4; c. 690, s. 13; c. 747, s. 66; 1983, c. 435, s. 20; c. 761, s. 149; 1987, c. 869, s. 16; 1987 (Reg. Sess., 1988), c. 1112, ss. 14, 17; 1989, c. 771, ss. 9, 17, 18; 1991, c. 689, s. 330; c. 726, s. 11; 1997-443, s. 32.25(b); 2005-276, s. 44.1(e); 2014-100, s. 17.1(q); 2015-241, s. 29.30(e).)

Editor's Note. - Session Laws 2015-241, s. 29.30(u), made the amendment to subsection (c) of this section by Session Laws 2015-241, s. 29.30(e), applicable to issuances, renewals, restorations, and requests on or after January 1, 2016.

Session Laws 2015-241, s. 1.1, provides: "This act shall be known as 'The Current Operations and Capital Improvements Appropriations Act of 2015.'"

Session Laws 2015-241, s. 33.6, is a severability clause.

Effect of Amendments. - Session Laws 2014-100, s. 17.1(q), effective July 1, 2014, substituted "Department of Public Safety" for "Division of Criminal Information" in subsection (b1).

Session Laws 2015-241, s. 29.30(e), effective January 1, 2016, substituted "$10.00" for "$8.00" in subdivision (c)(1), substituted "$10.00" for "$8.00" in subdivision (c)(2); and substituted "$14.00" for "$11.00" in subdivision (c)(3). For applicability, see editor's note.

§ 20-27. Availability of records.

1. All records of the Division pertaining to application and to drivers' licenses, except the confidential medical report referred to in G.S. 20-7, of the current or previous five years shall be open to public inspection in accordance with G.S. 20-43.1, at any reasonable time during office hours and copies shall be provided pursuant to the provisions of G.S. 20-26.
2. All records of the Division pertaining to chemical tests as provided in G.S. 20-16.2 shall be available to the courts as provided in G.S. 20-26(b).

History

(1935, c. 52, s. 21; 1975, c. 716, s. 5; 1979, c. 667, s. 24; c. 903, s. 11; 1981, c. 145, s. 2; 1997-443, s. 32.25(c).)

§ 20-27.1. Unlawful for sex offender to drive commercial passenger vehicle or school bus without appropriate commercial license or while disqualified.

A person who drives a commercial passenger vehicle or a school bus and who does not have a valid commercial drivers license with a P or S endorsement because the person was convicted of a violation that requires registration under Article 27A of Chapter 14 of the General Statutes is guilty of a Class F felony.

History

(2009-491, s. 4.)

Editor's Note. - Session Laws 2009-491, s. 7, provides: "This act becomes effective December 1, 2009. This act applies to persons whose initial registration under Article 27A of Chapter 14 of the General Statutes occurs on or after December 1, 2009, and to persons who are registered under Article 27A of Chapter 14 of the General Statutes prior to December 1, 2009, and continue to be registered on or after December 1, 2009. The criminal penalties enacted by this act apply to offenses occurring on or after December 1, 2009."

§ 20-28. Unlawful to drive while license revoked, after notification, or while disqualified.

1. Driving While License Revoked. - Except as provided in subsections (a1) or (a2) of this section, any person whose drivers license has been revoked who drives any motor vehicle upon the highways of the State while the license is revoked is guilty of a Class 3 misdemeanor.
2. Driving While License Revoked for Impaired Driving. - Any person whose drivers license has been revoked for an impaired driving revocation as defined in G.S. 20-28.2(a) and who drives any motor vehicle upon the highways of the State is guilty of a Class 1 misdemeanor. Upon conviction, the person's license shall be revoked for an additional period of one year for the first offense, two years for the second offense, and permanently for a third or subsequent offense.
3. Driving Without Reclaiming License. - A person convicted under subsection (a) or (a1) of this section shall be punished as if the person had been convicted of driving without a license under G.S. 20-35 if the person demonstrates to the court that either of the following is true:
   1. At the time of the offense, the person's license was revoked solely under G.S. 20-16.5 and one of the following applies:
      1. The offense occurred more than 45 days after the effective date of a revocation order issued under G.S. 20-16.5(f) and the period of revocation was 45 days as provided under subdivision (3) of that subsection; or
      2. The offense occurred more than 30 days after the effective date of the revocation order issued under any other provision of G.S. 20-16.5.
   2. At the time of the offense the person had met the requirements of G.S. 50-13.12, or G.S. 110-142.2 and was eligible for reinstatement of the person's drivers license privilege as provided therein.
4. Driving After Notification or Failure to Appear. - A person shall be guilty of a Class 1 misdemeanor if:
   1. The person operates a motor vehicle upon a highway while that person's license is revoked for an impaired drivers license revocation after the Division has sent notification in accordance with G.S. 20-48; or
   2. The person fails to appear for two years from the date of the charge after being charged with an implied-consent offense.
5. Repealed by Session Laws 1993 (Reg. Sess., 1994), c. 761, s. 3.
6. When Person May Apply for License. - A person whose license has been revoked may apply for a license as follows:
   1. If revoked under subsection (a1) of this section for one year, the person may apply for a license after 90 days.
   2. If punished under subsection (a2) of this section and the original revocation was pursuant to G.S. 20-16.5, in order to obtain reinstatement of a drivers license, the person must obtain a substance abuse assessment and show proof of financial responsibility to the Division. If the assessment recommends education or treatment, the person must complete the education or treatment within the time limits specified by the Division.
   3. If revoked under subsection (a3) of this section for one year, the person may apply for a license after one year.
   4. If revoked under this section for two years, the person may apply for a license after one year.
   5. If revoked under this section permanently, the person may apply for a license after three years.
7. Upon the filing of an application the Division may, with or without a hearing, issue a new license upon satisfactory proof that the former licensee has not been convicted of a moving violation under this Chapter or the laws of another state, a violation of any provision of the alcoholic beverage laws of this State or another state, or a violation of any provisions of the drug laws of this State or another state when any of these violations occurred during the revocation period. For purposes of this subsection, a violation of subsection (a) of this section shall not be considered a moving violation.
8. The Division may impose any restrictions or conditions on the new license that the Division considers appropriate for the balance of the revocation period. When the revocation period is permanent, the restrictions and conditions imposed by the Division may not exceed three years.
9. A person whose license is revoked for violation of subsection (a1) of this section where the person's license was originally revoked for an impaired driving revocation, or a person whose license is revoked for a violation of subsection (a3) of this section, may only have the license conditionally restored by the Division pursuant to the provisions of subsection (c4) of this section.
10. For a conditional restoration under subsection (c3) of this section, the Division shall require at a minimum that the driver obtain a substance abuse assessment prior to issuance of a license and show proof of financial responsibility. If the substance abuse assessment recommends education or treatment, the person must complete the education or treatment within the time limits specified. If the assessment determines that the person abuses alcohol, the Division shall require the person to install and use an ignition interlock system on any vehicles that are to be driven by that person for the period of time that the conditional restoration is active.
11. For licenses conditionally restored pursuant to subsections (c3) and (c4) of this section, the Division shall cancel the license and impose the remaining revocation period if any of the following occur:
    1. The person violates any condition of the restoration.
    2. The person is convicted of any moving offense in this or another state.
    3. The person is convicted for a violation of the alcoholic beverage or controlled substance laws of this or any other state.
12. Driving While Disqualified. - A person who was convicted of a violation that disqualified the person and required the person's drivers license to be revoked who drives a motor vehicle during the revocation period is punishable as provided in subsection (a1) of this section. A person who has been disqualified who drives a commercial motor vehicle during the disqualification period is guilty of a Class 1 misdemeanor and is disqualified for an additional period as follows:
    1. For a first offense of driving while disqualified, a person is disqualified for a period equal to the period for which the person was disqualified when the offense occurred.
    2. For a second offense of driving while disqualified, a person is disqualified for a period equal to two times the period for which the person was disqualified when the offense occurred.
    3. For a third offense of driving while disqualified, a person is disqualified for life.

If the person's license was originally revoked for an impaired driving revocation, the court may order as a condition of probation that the offender abstain from alcohol consumption and verify compliance by use of a continuous alcohol monitoring system, of a type approved by the Division of Adult Correction and Juvenile Justice of the Department of Public Safety, for a minimum period of 90 days.

The restoree of a revoked drivers license who operates a motor vehicle upon the highways of the State without maintaining financial responsibility as provided by law shall be punished as for driving without a license.

In addition, a person punished under this subsection shall be treated for drivers license and insurance rating purposes as if the person had been convicted of driving without a license under G.S. 20-35, and the conviction report sent to the Division must indicate that the person is to be so treated.

Upon conviction, the person's drivers license shall be revoked for an additional period of one year for the first offense, two years for the second offense, and permanently for a third or subsequent offense. The restoree of a revoked drivers license who operates a motor vehicle upon the highways of the State without maintaining financial responsibility as provided by law shall be punished as for driving without a license.

The Division may reduce a disqualification for life under this subsection to 10 years in accordance with the guidelines adopted under G.S. 20-17.4(b). A person who drives a commercial motor vehicle while the person is disqualified and the person's drivers license is revoked is punishable for both driving while the person's license was revoked and driving while disqualified.

History

(1935, c. 52, s. 22; 1945, c. 635; 1947, c. 1067, s. 16; 1955, c. 1020, s. 1; c. 1152, s. 18; c. 1187, s. 20; 1957, c. 1046; 1959, c. 515; 1967, c. 447; 1973, c. 47, s. 2; cc. 71, 1132; 1975, c. 716, s. 5; 1979, c 377, ss. 1, 2; c. 667, s. 41; 1981, c. 412, s. 4; c. 747, s. 66; 1983, c. 51; 1983 (Reg. Sess., 1984), c. 1101, s. 18A; 1989, c. 771, s. 4; 1991, c. 509, s. 2; c. 726, s. 12; 1993, c. 539, ss. 320-322; 1994, Ex. Sess., c. 24, s. 14(c); 1993 (Reg. Sess., 1994), c. 761, ss. 2, 3; 1995, c. 538, s. 2(e), (f); 2002-159, s. 6; 2006-253, s. 22.1; 2007-493, ss. 4, 19; 2012-146, s. 8; 2013-360, s. 18B.14(f); 2015-186, s. 2; 2015-264, ss. 38(a), 86; 2017-186, s. 2(kkkk).)

Editor's Note. - Session Laws 2012-146, s. 11, made the amendment to this section by Session Laws 2012-146, s. 8, effective December 1, 2012, and applicable to offenses committed or any custody and visitation orders issued on or after that date.

Session Laws 2015-186, s. 1, provides: "This act shall be known as the 'North Carolina Drivers License Restoration Act.'"

Session Laws 2015-186, which, in s. 2, rewrote the section, in s. 7, as amended by Session Laws 2015-264, s. 86, provides: "This act becomes effective December 1, 2015, and applies to offenses committed on or after that date. Prosecutions for offenses committed before the effective date of this act are not abated or affected by this act, and the statutes that would be applicable but for this act remain applicable to those prosecutions."

Session Laws 2015-264, which, in s. 38(a), rewrote subsection (a2), in s. 38(c), provides: "This section becomes effective December 1, 2015, and applies to convictions on or after that date. Prosecutions for offenses committed before the effective date of this section are not abated or affected by this section, and the statutes that would be applicable but for this section remain applicable to those prosecutions."

Effect of Amendments. - Session Laws 2006-253, s. 22.1, effective December 1, 2006, and applicable to offenses committed on or after that date, rewrote the section catchline; added subsection (a2); rewrote subsection (c); redesignated former subsection (c) as present subsections (c1) and (c2); and added subsections (c3) through (c5).

Session Laws 2007-493, ss. 4 and 19, effective August 30, 2007, in subdivision (a2)(1), substituted "person operates a motor vehicle" for "person drives"; and in subsection (c4), substituted "that the conditional restoration is active" for "set forth in G.S. 20-17.8(c)" at the end of the last sentence. For applicability provision, see Editor's note.

Session Laws 2012-146, s. 8, effective December 1, 2012, added the present second paragraph in subsection (a). For applicability, see Editor's note.

Session Laws 2013-360, s. 18B.14(f), effective December 1, 2013, inserted "Class 3 misdemeanor unless the person's license was originally revoked for an impaired driving revocation, in which case the person is guilty of a" in the first sentence in subsection (a). For applicability, see Editor's note.

Session Laws 2015-186, s. 2, effective December 1, 2015, rewrote the section. For applicability, see editor's note.

Session Laws 2015-264, s. 38(a), effective December 1, 2015, rewrote subsection (a2). For effective date and applicability, see editor's note.

Session Laws 2017-186, s. 2(kkkk), effective December 1, 2017, inserted "and Juvenile Justice" in the second paragraph of subsection (a1).

Legal Periodicals. - For survey of 1976 case law on criminal law, see 55 N.C.L. Rev. 976 (1977).

§ 20-28.1. Conviction of moving offense committed while driving during period of suspension or revocation of license.

1. Upon receipt of notice of conviction of any person of a motor vehicle moving offense, such offense having been committed while such person's driving privilege was in a state of suspension or revocation, the Division shall revoke such person's driving privilege for an additional period of time as set forth in subsection (b) hereof. For purposes of this section a violation of G.S. 20-7(a), 20-24.1, or 20-28(a) or (a2) shall not be considered a "motor vehicle moving offense" unless the offense occurred in a commercial motor vehicle or the person held a commercial drivers license at the time of the offense.
2. When a driving privilege is subject to revocation under this section, the additional period of revocation shall be as follows:
   1. A first such revocation shall be for one year;
   2. A second such revocation shall be for two years; and
   3. A third or subsequent such revocation shall be permanent.
3. A person whose license has been revoked under this section for one year may apply for a license after 90 days. A person whose license has been revoked under this section for two years may apply for a license after 12 months. A person whose license has been revoked under this section permanently may apply for a license after three years. Upon the filing of an application, the Division may, with or without a hearing, issue a new license upon satisfactory proof that the former licensee has not been convicted of a moving violation under this Chapter or the laws of another state, or a violation of any provision of the alcoholic beverage laws of this State or another state, or a violation of any provision of the drug laws of this State or another state when any of these violations occurred during the revocation period.  The Division may impose any restrictions or conditions on the new license that the Division considers appropriate for the balance of the revocation period. When the revocation period is permanent, the restrictions and conditions imposed by the Division may not exceed three years.
4. Repealed by Session Laws 1979, c. 378, s. 2.

History

(1965, c. 286; 1969, c. 348; 1971, c. 163; 1973, c. 47, s. 2; 1975, c. 716, s. 5; 1979, c. 378, ss. 1, 2; 1981, c. 412, s. 4; c. 747, s. 66; 1991, c. 509, s. 1; c. 682, s. 6; c. 726, s. 22.1; 2015-186, s. 3; 2015-264, s. 86.)

Editor's Note. - Session Laws 2015-186, s. 1, provides: "This act shall be known as the 'North Carolina Drivers License Restoration Act.'"

Session Laws 2015-186, which, in s. 3, deleted "except a conviction punishable under G.S. 20-28(a1)" following "motor vehicle moving offense" in the first sentence and added the last sentence of subsection (a), in s. 7, as amended by Session Laws 2015-264, s. 86, provides: "This act becomes effective December 1, 2015, and applies to offenses committed on or after that date. Prosecutions for offenses committed before the effective date of this act are not abated or affected by this act, and the statutes that would be applicable but for this act remain applicable to those prosecutions."

Effect of Amendments. - Session Laws 2015-186, s. 3, effective December 1, 2015, deleted "except a conviction punishable under G.S. 20-28(a1)" following "motor vehicle moving offense" in the first sentence and added the last sentence of subsection (a). For effective date and applicability, see Editor's note.

§ 20-28.2. Forfeiture of motor vehicle for impaired driving after impaired driving license revocation; forfeiture for felony speeding to elude arrest.

1. Meaning of "Impaired Driving License Revocation". - The revocation of a person's drivers license is an impaired driving license revocation if the revocation is pursuant to:
   1. G.S. 20-13.2, 20-16(a)(8b), 20-16.2, 20-16.5, 20-17(a)(2), 20-17(a)(12), or 20-138.5; or
   2. G.S. 20-16(a)(7), 20-17(a)(1), 20-17(a)(3), 20-17(a)(9), or 20-17(a)(11), if the offense involves impaired driving; or
   3. The laws of another state and the offense for which the person's license is revoked prohibits substantially similar conduct which if committed in this State would result in a revocation listed in subdivisions (1) or (2).
2. Definitions. - As used in this section and in G.S. 20-28.3, 20-28.4, 20-28.5, 20-28.7, 20-28.8, 20-28.9, 20-54.1, and 20-141.5, the following terms mean:
   1. Fair Market Value. - The value of the seized motor vehicle, as determined in accordance with the schedule of values adopted by the Commissioner pursuant to G.S. 105-187.3.
   2. Impaired Driving Acknowledgment. - A written document acknowledging that:
      1. The motor vehicle was operated by a person charged with an offense involving impaired driving, and:
         1. That person's drivers license was revoked as a result of a prior impaired drivers license revocation; or
         2. That person did not have a valid drivers license, and did not have liability insurance.
      2. If the motor vehicle is again operated by this particular person, and the person is charged with an offense involving impaired driving, then the vehicle is subject to impoundment and forfeiture if (i)  the offense occurs while that person's drivers license is revoked, or (ii) the offense occurs while the person has no valid drivers license, and has no liability insurance.
      3. A lack of knowledge or consent to the operation will not be a defense in the future, unless the motor vehicle owner has taken all reasonable precautions to prevent the use of the motor vehicle by this particular person and immediately reports, upon discovery, any unauthorized use to the appropriate law enforcement agency.
   3. Innocent Owner. - A motor vehicle owner:
      1. Who, if the offense resulting in seizure was an impaired driving offense, did not know and had no reason to know that (i) the defendant's drivers license was revoked, or (ii) that the defendant did not have a valid drivers license, and that the defendant had no liability insurance; or
      2. Who, if the offense resulting in seizure was an impaired driving offense, knew that (i) the defendant's drivers license was revoked, or (ii) that the defendant had no valid drivers license, and that the defendant had no liability insurance, but the defendant drove the vehicle without the person's expressed or implied permission, and the owner files a police report for unauthorized use of the motor vehicle and agrees to prosecute the unauthorized operator of the motor vehicle, or who, if the offense resulting in seizure was a felony speeding to elude arrest offense, did not give the defendant express or implied permission to drive the vehicle, and the owner files a police report for unauthorized use of the motor vehicle and agrees to prosecute the unauthorized operator of the motor vehicle; or
      3. Whose vehicle was reported stolen; or
      4. Repealed by Session Laws 1999-406, s. 17.
      5. Who is (i) a rental car company as defined in G.S. 66-201(a) and the vehicle was driven by a person who is not listed as an authorized driver on the rental agreement as defined in G.S. 66-201; or (ii) a rental car company as defined in G.S. 66-201(a) and the vehicle was driven by a person who is listed as an authorized driver on the rental agreement as defined in G.S. 66-201 and if the offense resulting in seizure was an impaired driving offense, the rental car company has no actual knowledge of the revocation of the renter's drivers' license at the time the rental agreement is entered, or if the offense resulting in seizure was a felony speeding to elude arrest offense, the rental agreement expressly prohibits use of the vehicle while committing a felony; or
      6. Who is in the business of leasing motor vehicles, who holds legal title to the motor vehicle as a lessor at the time of seizure and, if the offense resulting in seizure was an impaired driving offense, who has no actual knowledge of the revocation of the lessee's drivers license at the time the lease is entered.
   4. Insurance Company. - Any insurance company that has coverage on or is otherwise liable for repairs or damages to the motor vehicle at the time of the seizure.
   5. Insurance Proceeds. - Proceeds paid under an insurance policy for damage to a seized motor vehicle less any payments actually paid to valid lienholders and for towing and storage costs incurred for the motor vehicle after the time the motor vehicle became subject to seizure.
   6. Lienholder. - A person who holds a perfected security interest in a motor vehicle at the time of seizure.
   7. Motor Vehicle Owner. - A person in whose name a registration card or certificate of title for a motor vehicle is issued at the time of seizure.
   8. Order of Forfeiture. - An order by the court which terminates the rights and ownership interest of a motor vehicle owner in a motor vehicle and any insurance proceeds or proceeds of sale in accordance with G.S. 20-28.2.
   9. Repealed by Session Laws 1998-182, s. 2.
   10. Registered Owner. - A person in whose name a registration card for a motor vehicle is issued at the time of seizure.
   11. Repealed by Session Laws 1998-182, s. 2.
   12. Speeding to Elude Arrest Acknowledgment. - A written document acknowledging that:
       1. The motor vehicle was operated by a person charged with felony speeding to elude arrest pursuant to G.S. 20-141.5(b) or (b1).
       2. If the motor vehicle is again operated by this particular person and the person is charged with felony speeding to elude arrest pursuant to G.S. 20-141.5(b) or (b1), then the vehicle is subject to impoundment and forfeiture.
       3. A lack of knowledge or consent to the operation will not be a defense in the future unless the motor vehicle owner has taken all reasonable precautions to prevent the use of the motor vehicle by this particular person and immediately reports upon discovery any unauthorized use to the appropriate law enforcement agency.
   13. State Surplus Property Agency. - The Department of Administration.
3. When Motor Vehicle Becomes Property Subject to Order of Forfeiture; Impaired Driving and Prior Revocation. - A judge may determine whether the vehicle driven by an impaired driver at the time of the offense becomes subject to an order of forfeiture. The determination may be made at any of the following times:
   1. A sentencing hearing for the underlying offense involving impaired driving.
   2. A separate hearing after conviction of the defendant.
   3. A forfeiture hearing held at least 60 days after the defendant failed to appear at the scheduled trial for the underlying offense, and the defendant's order of arrest for failing to appear has not been set aside.
4. When a Motor Vehicle Becomes Property Subject to Order of Forfeiture; No License and No Insurance. - A judge may determine whether the vehicle driven by an impaired driver at the time of the offense becomes subject to an order of forfeiture. The determination may be made at any of the following times:
   1. A sentencing hearing for the underlying offense involving impaired driving.
   2. A separate hearing after conviction of the defendant.
   3. A forfeiture hearing held at least 60 days after the defendant failed to appear at the scheduled trial for the underlying offense, and the defendant's order of arrest for failing to appear has not been set aside.
5. When a Motor Vehicle Becomes Property Subject to Order of Forfeiture; Felony Speeding to Elude Arrest. - A judge may determine whether the vehicle driven at the time of the offense becomes subject to an order of forfeiture. The determination may be made at any of the following times:
   1. A sentencing hearing for the underlying felony speeding to elude arrest offense.
   2. A separate hearing after conviction of the defendant.
   3. A forfeiture hearing held at least 60 days after the defendant failed to appear at the scheduled trial for the underlying offense, and the defendant's order of arrest for failing to appear has not been set aside.
6. Duty of Prosecutor to Notify Possible Innocent Parties. - In any case in which a prosecutor determines that a motor vehicle driven by a defendant may be subject to forfeiture under this section and the motor vehicle has not been permanently released to a nondefendant vehicle owner pursuant to G.S. 20-28.3(e1), a defendant owner pursuant to G.S. 20-28.3(e2), or a lienholder, pursuant to G.S. 20-28.3(e3), the prosecutor shall notify the defendant, each motor vehicle owner, and each lienholder that the motor vehicle may be subject to forfeiture and that the defendant, motor vehicle owner, or the lienholder may intervene to protect that person's interest. The notice may be served by any means reasonably likely to provide actual notice, and shall be served at least 10 days before the hearing at which an order of forfeiture may be entered.
7. Motor Vehicles Involved in Accidents. - If a motor vehicle subject to forfeiture was damaged while the defendant operator was committing the underlying offense resulting in seizure, or was damaged incident to the seizure of the motor vehicle, the Division shall determine the name of any insurance companies that are the insurers of record with the Division for the motor vehicle at the time of the seizure or that may otherwise be liable for repair to the motor vehicle. In any case where a seized motor vehicle was involved in an accident, the Division shall notify the insurance companies that the claim for insurance proceeds for damage to the seized motor vehicle shall be paid to the clerk of superior court of the county where the motor vehicle driver was charged to be held and disbursed pursuant to further orders of the court. Any insurance company that receives written or other actual notice of seizure pursuant to this section shall not be relieved of any legal obligation under any contract of insurance unless the claim for property damage to the seized motor vehicle minus the policy owner's deductible is paid directly to the clerk of court. The insurance company paying insurance proceeds to the clerk of court pursuant to this section shall be immune from suit by the motor vehicle owner for any damages alleged to have occurred as a result of the motor vehicle seizure. The proceeds shall be held by the clerk. The clerk shall disburse the insurance proceeds pursuant to further orders of the court.
8. Forfeiture Hearing. - Unless a motor vehicle that has been seized pursuant to G.S. 20-28.3 has been permanently released to an innocent owner pursuant to G.S. 20-28.3(e1), a defendant owner pursuant to G.S. 20-28.3(e2), or to a lienholder pursuant to G.S. 20-28.3(e3), the court shall conduct a hearing on the forfeiture of the motor vehicle. The hearing may be held at the sentencing hearing on the underlying offense resulting in seizure, at a separate hearing after conviction of the defendant, or at a separate forfeiture hearing held not less than 60 days after the defendant failed to appear at the scheduled trial for the underlying offense and the defendant's order of arrest for failing to appear has not been set aside. If at the forfeiture hearing, the judge determines that the motor vehicle is subject to forfeiture pursuant to this section and proper notice of the hearing has been given, the judge shall order the motor vehicle forfeited. If at the sentencing hearing or at a forfeiture hearing, the judge determines that the motor vehicle is subject to forfeiture pursuant to this section and proper notice of the hearing has been given, the judge shall order the motor vehicle forfeited unless another motor vehicle owner establishes, by the greater weight of the evidence, that such motor vehicle owner is an innocent owner as defined in this section, in which case the trial judge shall order the motor vehicle released to the innocent owner pursuant to the provisions of subsection (e) of this section. In any case where the motor vehicle is ordered forfeited, the judge shall:
   1. 1. Authorize the sale of the motor vehicle at public sale or allow the county board of education to retain the motor vehicle for its own use pursuant to G.S. 20-28.5; or (1) a. Authorize the sale of the motor vehicle at public sale or allow the county board of education to retain the motor vehicle for its own use pursuant to G.S. 20-28.5; or
      2. Order the motor vehicle released to a lienholder pursuant to the provisions of subsection (f) of this section; and
   2. 1. Order any proceeds of sale or insurance proceeds held by the clerk of court to be disbursed to the county board of education; and (2) a. Order any proceeds of sale or insurance proceeds held by the clerk of court to be disbursed to the county board of education; and
      2. Order any outstanding insurance claims be assigned to the county board of education in the event the motor vehicle has been damaged in an accident incident to the seizure of the motor vehicle.
9. Release of Vehicle to Innocent Motor Vehicle Owner. - At a forfeiture hearing, if a nondefendant motor vehicle owner establishes by the greater weight of the evidence that: (i) the motor vehicle was being driven by a person who was not the only motor vehicle owner or had no ownership interest in the motor vehicle at the time of the underlying offense and (ii) the petitioner is an "innocent owner", as defined by this section, a judge shall order the motor vehicle released to that owner, conditioned upon payment of all towing and storage charges incurred as a result of the seizure and impoundment of the motor vehicle.
   1. The identity of the person as a motor vehicle owner;
   2. The existence of financial responsibility to the extent required by Article 13 of this Chapter or by the laws of the state in which the vehicle is registered; and
   3. Repealed by Session Laws 1998-182, s. 2, effective December 1, 1998.
   4. The execution of:
      1. An impaired driving acknowledgment as defined in subdivision (a1)(1a) of this section if the seizure was for an offense involving impaired driving; or
      2. A speeding to elude arrest acknowledgment as defined in subdivision (a1)(8) of this section if the seizure was for violation of G.S. 20-141.5(b) or (b1).
10. Release to Lienholder. - At a forfeiture hearing, the trial judge shall order a forfeited motor vehicle released to the lienholder upon payment of all towing and storage charges incurred as a result of the seizure of the motor vehicle if the judge determines, by the greater weight of the evidence, that:
    1. The lienholder's interest has been perfected and appears on the title to the forfeited vehicle;
    2. The lienholder agrees not to sell, give, or otherwise transfer possession of the forfeited motor vehicle to the defendant or to the motor vehicle owner who owned the motor vehicle immediately prior to forfeiture, or any person acting on the defendant's or motor vehicle owner's behalf;
    3. The forfeited motor vehicle had not previously been released to the lienholder;
    4. The owner is in default under the terms of the security instrument evidencing the interest of the lienholder and as a consequence of the default the lienholder is entitled to possession of the motor vehicle; and
    5. The lienholder agrees to sell the motor vehicle in accordance with the terms of its agreement and pursuant to the provisions of Part 6 of Article 9 of Chapter 25 of the General Statutes. Upon the sale of the motor vehicle, the lienholder will pay to the clerk of court of the county in which the vehicle was forfeited all proceeds from the sale, less the amount of the lien in favor of the lienholder, and any towing and storage costs paid by the lienholder.
11. Repealed by Session Laws 1998-182, s. 2, effective December 1, 1998.
12. Any order issued pursuant to this section authorizing the release of a seized vehicle shall require the payment of all towing and storage charges incurred as a result of the seizure and impoundment of the motor vehicle. This requirement shall not be waived.

The vehicle shall become subject to an order of forfeiture if the greater weight of the evidence shows that the defendant is guilty of an offense involving impaired driving, and that the defendant's license was revoked pursuant to an impaired driving license revocation as defined in subsection (a) of this section.

The vehicle shall become subject to an order of forfeiture if the greater weight of the evidence shows that the defendant is guilty of an offense involving impaired driving, and: (i) the defendant was driving without a valid drivers license, and (ii) the defendant was not covered by an automobile liability policy.

The vehicle shall become subject to an order of forfeiture if the greater weight of the evidence shows that the defendant is guilty of felony speeding to elude arrest pursuant to G.S. 20-141.5(b) or (b1).

If the judge determines that the motor vehicle is subject to forfeiture pursuant to this section, but that notice as required by subsection (c) has not been given, the judge shall continue the forfeiture proceeding until adequate notice has been given. In no circumstance shall the sentencing of the defendant be delayed as a result of the failure of the prosecutor to give adequate notice.

Release to an innocent owner shall only be ordered upon satisfactory proof of:

If the nondefendant owner is a lessor, the release shall also be conditioned upon the lessor agreeing not to sell, give, or otherwise transfer possession of the forfeited motor vehicle to the defendant or any person acting on the defendant's behalf. A lessor who refuses to sell, give, or transfer possession of a seized motor vehicle to the defendant or any person acting on the behalf of the defendant shall not be liable for damages arising out of the refusal.

No motor vehicle subject to forfeiture under this section shall be released to a nondefendant motor vehicle owner if the records of the Division indicate the motor vehicle owner had previously signed an impaired driving acknowledgment or a speeding to elude arrest acknowledgment, as required by this section, and the same person was operating the motor vehicle at the time of the current seizure unless the innocent owner shows by the greater weight of the evidence that the motor vehicle owner has taken all reasonable precautions to prevent the use of the motor vehicle by this particular person and immediately reports, upon discovery, any unauthorized use to the appropriate law enforcement agency. A determination by the court at the forfeiture hearing held pursuant to subsection (d) of this section that the petitioner is not an innocent owner is a final judgment and is immediately appealable to the Court of Appeals.

A lienholder who refuses to sell, give, or transfer possession of a forfeited motor vehicle to the defendant, the vehicle owner who owned the motor vehicle immediately prior to forfeiture, or any person acting on the behalf of the defendant or motor vehicle owner shall not be liable for damages arising out of such refusal. The defendant, the motor vehicle owner who owned the motor vehicle immediately prior to forfeiture, and any person acting on the defendant's or motor vehicle owner's behalf are prohibited from purchasing the motor vehicle at any sale conducted by the lienholder.

History

(1983, c. 435, s. 21; 1983 (Reg. Sess., 1984), c. 1101, s. 19; 1989 (Reg. Sess., 1990), c. 1024, s. 6; 1997-379, s. 1.1; 1997-456, s. 30; 1998-182, s. 2; 1999-406, ss. 11, 12, 17; 2000-169, s. 28; 2001-362, s. 7; 2006-253, s. 31; 2007-493, ss. 7, 8, 21; 2013-243, s. 1; 2013-410, s. 18(a); 2015-241, s. 27.3(a).)

Editor's Note. - Session Laws 1999-406, s. 18, states that the act does not obligate the General Assembly to appropriate additional funds, and that the act shall be implemented with funds available or appropriated to the Department of Transportation and the Administrative Office of the Courts.

Subdivisions (a1)(1), (1a) and (1b) as amended by Session Laws 2013-243, s. 1, were renumbered as subdivisions (a1)(1a), (8), and (1), respectively, at the direction of the Revisor of Statutes.

Effect of Amendments. - Session Laws 2006-253, s. 31, effective December 1, 2006, and applicable to offenses committed on or after that date, rewrote subdivisions (a1)(1) and (2), and subsections (b) and (b1).

Session Laws 2007-493, ss. 7, 8 and 21, effective August 30, 2007, in subdivision (a)(1), deleted "20-17.2," preceding "or 20-138.5"; in subdivisions (b)(1) and (b1)(1), inserted "sentencing"; and in the last sentence of subsections (b) and (b1), substituted "defendant is guilty of an offense involving impaired" for "underlying offense involved impaired." For applicability provisions, see Editor's note.

Session Laws 2013-243, s. 1, effective December 1, 2013, added "forfeiture for felony speeding to elude arrest" in the section heading; rewrote subsections (a1) and (e); added subsection (b2); substituted "offense resulting in seizure" for "offense involving impaired driving" in subsections (c1) and (d). For applicability, see Editor's note.

Session Laws 2013-410, s. 18(a), effective December 1, 2013, in sub-subdivision (a1)(2)e., substituted "a rental car company as defined in G.S. 66-201(a) and the vehicle was driven by a person who is listed as" for "is," and inserted "on the rental agreement as defined in G.S. 66-201" and made minor stylistic changes.

Session Laws 2015-241, s. 27.3(a), effective July 1, 2015, added subdivision (a1)(9).

Legal Periodicals. - For 1997 legislative survey, see 20 Campbell L. Rev. 417.

§ 20-28.3. Seizure, impoundment, forfeiture of motor vehicles for offenses involving impaired driving while license revoked or without license and insurance, and for felony speeding to elude arrest.

1. Motor Vehicles Subject to Seizure for Impaired Driving Offenses. - A motor vehicle that is driven by a person who is charged with an offense involving impaired driving is subject to seizure if:
   1. At the time of the violation, the drivers license of the person driving the motor vehicle was revoked as a result of a prior impaired driving license revocation as defined in G.S. 20-28.2(a); or
   2. At the time of the violation:
      1. The person was driving without a valid drivers license, and
      2. The driver was not covered by an automobile liability policy.
2. Motor Vehicles Subject to Seizure for Felony Speeding to Elude Arrest. - A motor vehicle is subject to seizure if it is driven by a person who is charged with the offense of felony speeding to elude arrest pursuant to G.S. 20-141.5(b) or (b1).
3. Duty of Officer. - If the charging officer has probable cause to believe that a motor vehicle driven by the defendant may be subject to forfeiture under this section, the officer shall seize the motor vehicle and have it impounded. If the officer determines prior to seizure that the motor vehicle had been reported stolen, the officer shall not seize the motor vehicle pursuant to this section. If the officer determines prior to seizure that the motor vehicle was a rental vehicle driven by a person not listed as an authorized driver on the rental contract, the officer shall not seize the motor vehicle pursuant to this section, but shall make a reasonable effort to notify the owner of the rental vehicle that the vehicle was stopped and that the driver of the vehicle was not listed as an authorized driver on the rental contract. Probable cause may be based on the officer's personal knowledge, reliable information conveyed by another officer, records of the Division, or other reliable sources. The seizing officer shall notify the Division as soon as practical but no later than 24 hours after seizure of the motor vehicle of the seizure in accordance with procedures established by the Division.
4. Written Notification of Impoundment. - Within 48 hours of receipt within regular business hours of the notice of seizure, the Division shall issue written notification of impoundment to any lienholder of record and to any motor vehicle owner who was not operating the motor vehicle at the time of the offense. A notice of seizure received outside regular business hours shall be considered to have been received at the start of the next business day. The notification of impoundment shall be sent by first-class mail to the most recent address contained in the Division's records. If the motor vehicle is registered in another state, notice shall be sent to the address shown on the records of the state where the motor vehicle is registered. This written notification shall provide notice that the motor vehicle has been seized, state the reason for the seizure and the procedure for requesting release of the motor vehicle. Additionally, if the motor vehicle was damaged while the operator was committing an offense resulting in seizure or incident to the seizure, the Division shall issue written notification of the seizure to the owner's insurance company of record and to any other insurance companies that may be insuring other motor vehicles involved in the accident. The Division shall prohibit title to a seized motor vehicle from being transferred by a motor vehicle owner unless authorized by court order.
5. Additional Notification to Lienholders. -  In addition to providing written notification pursuant to subsection (b1) of this section, within eight hours of receipt within regular business hours of the notice of seizure, the Division shall notify by facsimile any lienholder of record that has provided the Division with a designated facsimile number for notification of impoundment. The facsimile notification of impoundment shall state that the vehicle has been seized, state the reason for the seizure, and notify the lienholder of the additional written notification that will be provided pursuant to subsection (b1) of this section. The Division shall establish procedures to allow a lienholder to provide one designated facsimile number for notification of impoundment for any vehicle for which the lienholder is a lienholder of record and shall maintain a centralized database of the provided facsimile numbers. The lienholder must provide a facsimile number at which the Division may give notification of impoundment at anytime.
6. Review by Magistrate. - Upon determining that there is probable cause for seizing a motor vehicle, the seizing officer shall present to a magistrate within the county where the driver was charged an affidavit of impoundment setting forth the basis upon which the motor vehicle has been or will be seized for forfeiture. The magistrate shall review the affidavit of impoundment and if the magistrate determines the requirements of this section have been met, shall order the motor vehicle held. The magistrate may request additional information and may hear from the defendant if the defendant is present. If the magistrate determines the requirements of this section have not been met, the magistrate shall order the motor vehicle released to a motor vehicle owner upon payment of towing and storage fees. If the motor vehicle has not yet been seized, and the magistrate determines that seizure is appropriate, the magistrate shall issue an order of seizure of the motor vehicle. The magistrate shall provide a copy of the order of seizure to the clerk of court. The clerk shall provide copies of the order of seizure to the district attorney and the attorney for the county board of education.
7. Effecting an Order of Seizure. - An order of seizure shall be valid anywhere in the State. Any officer with territorial jurisdiction and who has subject matter jurisdiction for violations of this Chapter may use such force as may be reasonable to seize the motor vehicle and to enter upon the property of the defendant to accomplish the seizure. An officer who has probable cause to believe the motor vehicle is concealed or stored on private property of a person other than the defendant may obtain a search warrant to enter upon that property for the purpose of seizing the motor vehicle.
8. Custody of Motor Vehicle. - Unless the motor vehicle is towed pursuant to a statewide or regional contract, or a contract with the county board of education, the seized motor vehicle shall be towed by a commercial towing company designated by the law enforcement agency that seized the motor vehicle. Seized motor vehicles not towed pursuant to a statewide or regional contract or a contract with a county board of education shall be retrieved from the commercial towing company within a reasonable time, not to exceed 10 business days, by the county board of education or their agent who must pay towing and storage fees to the commercial towing company when the motor vehicle is retrieved. If either a statewide or regional contractor, or the county board of education, chooses to contract for local towing services, all towing companies on the towing list for each law enforcement agency with jurisdiction within the county shall be given written notice and an opportunity to submit proposals prior to a contract for local towing services being awarded. The seized motor vehicle is under the constructive possession of the county board of education for the county in which the operator of the vehicle is charged at the time the vehicle is delivered to a location designated by the county board of education or delivered to its agent pending release or sale, or in the event a statewide or regional contract is in place, under the constructive possession of the State Surplus Property Agency on behalf of the State at the time the vehicle is delivered to a location designated by the State Surplus Property Agency or delivered to its agent pending release or sale. Absent a statewide or regional contract that provides otherwise, each county board of education may elect to have seized motor vehicles stored on property owned or leased by the county board of education and charge a reasonable fee for storage, not to exceed ten dollars ($10.00) per calendar day. In the alternative, the county board of education may contract with a commercial towing and storage facility or other private entity for the towing, storage, and disposal of seized motor vehicles, and a storage fee of not more than ten dollars ($10.00) per calendar day may be charged. Except for gross negligence or intentional misconduct, neither the State Surplus Property Agency, the county board of education, nor any of their employees, shall be liable to the owner or lienholder for damage to or loss of the motor vehicle or its contents, or to the owner of personal property in a seized vehicle, during the time the motor vehicle is being towed or stored pursuant to this subsection.
9. Release of Motor Vehicle Pending Trial. - A motor vehicle owner, other than the driver at the time of the underlying offense resulting in the seizure, may apply to the clerk of superior court in the county where the charges are pending for pretrial release of the motor vehicle.
   1. The motor vehicle has been seized for not less than 24 hours;
   2. Repealed by Session Laws 1998-182, s. 3, effective December 1, 1998.
   3. A bond in an amount equal to the fair market value of the motor vehicle as defined by G.S. 20-28.2 has been executed and is secured by a cash deposit in the full amount of the bond, by a recordable deed of trust to real property in the full amount of the bond, by a bail bond under G.S. 58-71-1(2), or by at least one solvent surety, payable to the county school fund and conditioned on return of the motor vehicle, in substantially the same condition as it was at the time of seizure and without any new or additional liens or encumbrances, on the day of any hearing scheduled and noticed by the district attorney under G.S. 20-28.2(c), unless the motor vehicle has been permanently released;
   4. Execution of either:
      1. An impaired driving acknowledgment as described in G.S. 20-28.2(a1)(1a) if the seizure was for an offense involving impaired driving; or
      2. A speeding to elude arrest acknowledgment as defined in G.S. 20-28.2(a1)(8) if the seizure was for violation of G.S. 20-141.5(b) or (b1).
   5. A check of the records of the Division indicates that the requesting motor vehicle owner has not previously executed an acknowledgment naming the operator of the seized motor vehicle; and
   6. A bond posted to secure the release of this motor vehicle under this subsection has not been previously ordered forfeited under G.S. 20-28.5.
10. Pretrial Release of Motor Vehicle to Innocent Owner. - A nondefendant motor vehicle owner may file a petition with the clerk of court seeking a pretrial determination that the petitioner is an innocent owner. The clerk shall consider the petition and make a determination as soon as may be feasible. At any proceeding conducted pursuant to this subsection, the clerk is not required to determine the issue of forfeiture, only the issue of whether the petitioner is an innocent owner. If the clerk determines that the petitioner is an innocent owner, the clerk shall release the motor vehicle to the petitioner subject to the same conditions as if the petitioner were an innocent owner under G.S. 20-28.2(e). The clerk shall send a copy of the order authorizing or denying release of the vehicle to the district attorney and the attorney for the county board of education. An order issued under this subsection finding that the petitioner failed to establish that the petitioner is an innocent owner may be reconsidered by the court as part of the forfeiture hearing conducted pursuant to G.S. 20-28.2(d).
11. Pretrial Release of Motor Vehicle to Defendant Owner. -
    1. If the seizure was for an offense involving impaired driving, a defendant motor vehicle owner may file a petition with the clerk of court seeking a pretrial determination that the defendant's license was not revoked pursuant to an impaired driving license revocation as defined in G.S. 20-28.2(a). The clerk shall schedule a hearing before a judge of the division in which the underlying criminal charge is pending for a hearing to be held within 10 business days or as soon thereafter as may be feasible. Notice of the hearing shall be given to the defendant, the district attorney, and the attorney for the county board of education. The clerk shall forward a copy of the petition to the district attorney for the district attorney's review. If, based on available information, the district attorney determines that the defendant's motor vehicle is not subject to forfeiture, the district attorney may note the State's consent to the release of the motor vehicle on the petition and return the petition to the clerk of court who shall enter an order releasing the motor vehicle to the defendant upon payment of all towing and storage charges incurred as a result of the seizure and impoundment of the motor vehicle, subject to the satisfactory proof of the identity of the defendant as a motor vehicle owner and the existence of financial responsibility to the extent required by Article 13 of this Chapter, and no hearing shall be held. The clerk shall send a copy of the order of release to the attorney for the county board of education. At any pretrial hearing conducted pursuant to this subdivision, the court is not required to determine the issue of the underlying offense of impaired driving only the existence of a prior drivers license revocation as an impaired driving license revocation. Accordingly, the State shall not be required to prove the underlying offense of impaired driving. An order issued under this subdivision finding that the defendant failed to establish that the defendant's license was not revoked pursuant to an impaired driving license revocation as defined in G.S. 20-28.2(a) may be reconsidered by the court as part of the forfeiture hearing conducted pursuant to G.S. 20-28.2(d).
    2. If the seizure was for a felony speeding to elude arrest offense, a defendant motor vehicle owner may apply to the clerk of superior court in the county where the charges are pending for pretrial release of the motor vehicle. The clerk shall release the motor vehicle to the defendant motor vehicle owner conditioned upon payment of all towing and storage charges incurred as a result of seizure and impoundment of the motor vehicle under the following conditions:
       1. The motor vehicle has been seized for not less than 24 hours;
       2. A bond in an amount equal to the fair market value of the motor vehicle as defined by G.S. 20-28.2 has been executed and is secured by a cash deposit in the full amount of the bond, by a recordable deed of trust to real property in the full amount of the bond, by a bail bond under G.S. 58-71-1(2), or by at least one solvent surety, payable to the county school fund and conditioned on return of the motor vehicle, in substantially the same condition as it was at the time of seizure and without any new or additional liens or encumbrances, on the day of any hearing scheduled and noticed by the district attorney under G.S. 20-28.2(c), unless the motor vehicle has been permanently released;
       3. A bond posted to secure the release of this motor vehicle under this subdivision has not been previously ordered forfeited under G.S. 20-28.5.
12. Pretrial Release of Motor Vehicle to Lienholder. -
    1. A lienholder may file a petition with the clerk of court requesting the court to order pretrial release of a seized motor vehicle. The lienholder shall serve a copy of the petition on all interested parties which shall include the registered owner, the titled owner, the district attorney, and the county board of education attorney. Upon 10 days' prior notice of the date, time, and location of the hearing sent by the lienholder to all interested parties, a judge, after a hearing, shall order a seized motor vehicle released to the lienholder conditioned upon payment of all towing and storage costs incurred as a result of the seizure and impoundment of the motor vehicle if the judge determines, by the greater weight of the evidence, that:
       1. Default on the obligation secured by the motor vehicle has occurred;
       2. As a consequence of default, the lienholder is entitled to possession of the motor vehicle;
       3. The lienholder agrees to sell the motor vehicle in accordance with the terms of its agreement and pursuant to the provisions of Part 6 of Article 9 of Chapter 25 of the General Statutes. Upon sale of the motor vehicle, the lienholder will pay to the clerk of court of the county in which the driver was charged all proceeds from the sale, less the amount of the lien in favor of the lienholder, and any towing and storage costs paid by the lienholder;
       4. The lienholder agrees not to sell, give, or otherwise transfer possession of the seized motor vehicle while the motor vehicle is subject to forfeiture, or the forfeited motor vehicle after the forfeiture hearing, to the defendant or the motor vehicle owner; and
       5. The seized motor vehicle while the motor vehicle is subject to forfeiture, or the forfeited motor vehicle after the forfeiture hearing, had not previously been released to the lienholder as a result of a prior seizure involving the same defendant or motor vehicle owner.
    2. The clerk of superior court may order a seized vehicle released to the lienholder conditioned upon payment of all towing and storage costs incurred as a result of the seizure and impoundment of the motor vehicle at any time when all interested parties have, in writing, waived any rights that they may have to notice and a hearing, and the lienholder has agreed to the provision of subdivision (1)d. above. A lienholder who refuses to sell, give, or transfer possession of a seized motor vehicle while the motor vehicle is subject to forfeiture, or a forfeited motor vehicle after the forfeiture hearing, to:
       1. The defendant;
       2. The motor vehicle owner who owned the motor vehicle immediately prior to seizure pending the forfeiture hearing, or to forfeiture after the forfeiture hearing; or
       3. Any person acting on the behalf of the defendant or the motor vehicle owner,
13. ,  (g) Repealed by Session Laws 1998-182, s. 3, effective December 1, 1998.
14. Insurance Proceeds. - In the event a motor vehicle is damaged incident to the conduct of the defendant which gave rise to the defendant's arrest and seizure of the motor vehicle pursuant to this section, the county board of education, or its authorized designee, is authorized to negotiate the county board of education's interest with the insurance company and to compromise and accept settlement of any claim for damages. Property insurance proceeds accruing to the defendant, or other owner of the seized motor vehicle, shall be paid by the responsible insurance company directly to the clerk of superior court in the county where the motor vehicle driver was charged. If the motor vehicle is declared a total loss by the insurance company liable for the damages to the motor vehicle, the clerk of superior court, upon application of the county board of education, shall enter an order that the motor vehicle be released to the insurance company upon payment into the court of all insurance proceeds for damage to the motor vehicle after payment of towing and storage costs and all valid liens. The clerk of superior court shall provide the Division with a certified copy of the order entered pursuant to this subsection, and the Division shall transfer title to the insurance company or to such other person or entity as may be designated by the insurance company. Insurance proceeds paid to the clerk of court pursuant to this subsection shall be subject to forfeiture pursuant to G.S. 20-28.5 and shall be disbursed pursuant to further orders of the court. An affected motor vehicle owner or lienholder who objects to any agreed upon settlement under this subsection may file an independent claim with the insurance company for any additional monies believed owed. Notwithstanding any other provisions in this Chapter, nothing in this section or G.S. 20-28.2 shall require an insurance company to make payments in excess of those required pursuant to its policy of insurance on the seized motor vehicle.
    1. Expedited Sale of Seized Motor Vehicles in Certain Cases. - In order to avoid additional liability for towing and storage costs pending resolution of the criminal proceedings of the defendant, the State Surplus Property Agency or county board of education may, after expiration of 90 days from the date of seizure, sell any motor vehicle having a fair market value of one thousand five hundred dollars ($1,500) or less. The county board of education may also sell a motor vehicle, regardless of the fair market value, any time the outstanding towing and storage costs exceed eighty-five percent (85%) of the fair market value of the vehicle, or with the consent of all the motor vehicle owners. Any sale conducted pursuant to this subsection shall be conducted in accordance with the provisions of G.S. 20-28.5(a) or G.S. 20-28.5(a1), as applicable, and the proceeds of the sale, after the payment of outstanding towing and storage costs or reimbursement of towing and storage costs paid by a person other than the defendant, shall be deposited with the clerk of superior court. If an order of forfeiture is entered by the court, the court shall order the proceeds held by the clerk to be disbursed as provided in G.S. 20-28.5(b). If the court determines that the motor vehicle is not subject to forfeiture, the court shall order the proceeds held by the clerk to be disbursed first to pay the sale, towing, and storage costs, second to pay outstanding liens on the motor vehicle, and the balance to be paid to the motor vehicle owners.
15. Retrieval of Certain Personal Property. - At reasonable times, the entity charged with storing the motor vehicle may permit owners of personal property not affixed to the motor vehicle to retrieve those items from the motor vehicle, provided satisfactory proof of ownership of the motor vehicle or the items of personal property is presented to the storing entity.
16. County Board of Education Right to Appear and Participate in Proceedings. - The attorney for the county board of education shall be given notice of all proceedings regarding offenses related to a motor vehicle subject to forfeiture under this section. However, the notice requirement under this subsection does not apply to proceedings conducted under G.S. 20-28.3(e1). The attorney for the county board of education shall also have the right to appear and to be heard on all issues relating to the seizure, possession, release, forfeiture, sale, and other matters related to the seized vehicle under this section. With the prior consent of the county board of education, the district attorney may delegate to the attorney for the county board of education any or all of the duties of the district attorney under this section. Clerks of superior court, law enforcement agencies, and all other agencies with information relevant to the seizure, impoundment, release, or forfeiture of motor vehicles are authorized and directed to provide county boards of education with access to that information and to do so by electronic means when existing technology makes this type of transmission possible.
17. Payment of Fees Upon Conviction. - If the driver of a motor vehicle seized pursuant to this section is convicted of the underlying offense resulting in the seizure of a motor vehicle pursuant to this section, the defendant shall be ordered to pay as restitution to the county board of education, the motor vehicle owner, or the lienholder the cost paid or owing for the towing, storage, and sale of the motor vehicle to the extent the costs were not covered by the proceeds from the forfeiture and sale of the motor vehicle. If the underlying offense resulting in the seizure is felony speeding to elude arrest pursuant to G.S. 20-141.5(b) or (b1) and the defendant's conviction is for misdemeanor speeding to elude arrest pursuant to G.S. 20-141.5(a), whether or not the reduced charge is by plea agreement, the defendant shall be ordered to pay as restitution to the county board of education, the motor vehicle owner, or the lienholder the cost paid or owing for the towing and storage of the motor vehicle. In addition, a civil judgment for the costs under this section in favor of the party to whom the restitution is owed shall be docketed by the clerk of superior court. If the defendant is sentenced to an active term of imprisonment, the civil judgment shall become effective and be docketed when the defendant's conviction becomes final. If the defendant is placed on probation, the civil judgment in the amount found by a judge during the probation revocation or termination hearing to be due shall become effective and be docketed by the clerk when the defendant's probation is revoked or terminated.
18. Trial Priority. - District court trials of offenses involving forfeitures of motor vehicles pursuant to G.S. 20-28.2 shall be scheduled on the arresting officer's next court date or within 30 days of the offense, whichever comes first.
    1. A written motion for continuance is filed with notice given to the opposing party prior to the motion being heard.
    2. The judge makes a finding of a "compelling reason" for the continuance.
    3. The motion and finding are attached to the court case record.
19. Any order issued pursuant to this section authorizing the release of a seized vehicle shall require the payment of all towing and storage charges incurred as a result of the seizure and impoundment of the motor vehicle. This requirement shall not be waived.

For the purposes of this subsection, a person who has a complete defense, pursuant to G.S. 20-35, to a charge of driving without a drivers license, shall be considered to have had a valid drivers license at the time of the violation.

The clerk shall release the motor vehicle to a nondefendant motor vehicle owner conditioned upon payment of all towing and storage charges incurred as a result of seizure and impoundment of the motor vehicle under the following conditions:

In the event a nondefendant motor vehicle owner who obtains temporary possession of a seized motor vehicle pursuant to this subsection does not return the motor vehicle on the day of the forfeiture hearing as noticed by the district attorney under G.S. 20-28.2(c) or otherwise violates a condition of pretrial release of the seized motor vehicle as set forth in this subsection, the bond posted shall be ordered forfeited and an order of seizure shall be issued by the court. Additionally, a nondefendant motor vehicle owner or lienholder who willfully violates any condition of pretrial release may be held in civil or criminal contempt.

In the event a defendant motor vehicle owner who obtains temporary possession of a seized motor vehicle pursuant to this subdivision does not return the motor vehicle on the day of the forfeiture hearing as noticed by the district attorney under G.S. 20-28.2(c) or otherwise violates a condition of pretrial release of the seized motor vehicle as set forth in this subdivision, the bond posted shall be ordered forfeited, and an order of seizure shall be issued by the court. Additionally, a defendant motor vehicle owner who willfully violates any condition of pretrial release may be held in civil or criminal contempt.

shall not be liable for damages arising out of such refusal. However, any subsequent violation of the conditions of release by the lienholder shall be punishable by civil or criminal contempt.

Once scheduled, the case shall not be continued unless all of the following conditions are met:

Upon a determination of guilt, the issue of vehicle forfeiture shall be heard by the judge immediately, or as soon thereafter as feasible, and the judge shall issue the appropriate orders pursuant to G.S. 20-28.2(d).

Should a defendant appeal the conviction to superior court, any party who has not previously been heard on a petition for pretrial release under subsection (e1) or (e3) of this section or any party whose motor vehicle has not been the subject of a forfeiture hearing held pursuant to G.S. 20-28.2(d) may be heard on a petition for pretrial release pursuant to subsection (e1) or (e3) of this section. The provisions of subsection (e) of this section shall also apply to seized motor vehicles pending trial in superior court. Where a motor vehicle was released pursuant to subsection (e) of this section pending trial in district court, the release of the motor vehicle continues, and the terms and conditions of the original bond remain the same as those required for the initial release of the motor vehicle under subsection (e) of this section, pending the resolution of the underlying offense involving impaired driving in superior court.

History

(1997-379, s. 1.2; 1997-456, s. 31; 1998-182, s. 3; 1998-217, s. 62(a)-(c); 2000-169, s. 29; 2001-362, ss. 1, 2, 3, 4, 5, 6; 2001-487, s. 9; 2006-253, s. 32; 2013-243, s. 2; 2015-241, s. 27.3(b).)

Editor's Note. - The subdivisions in subsection (e3) have been redesignated at the direction of the Revisor of Statutes.

Session Laws 2009-461, ss. 1 and 2, provide: "SECTION 1. Notwithstanding the authority of the Secretary of Crime Control and Public Safety to adopt rules for the maintenance and operation of a Highway Patrol rotation wrecker system, the amendments to 14A NCAC 09H.0321(10), which became effective on July 18, 2008, are void and unenforceable to the extent such amendments:

"(1) Limit submission of initial applications and reapplications for inclusion in the Highway Patrol rotation wrecker list to an annual open enrollment period.

"(2) Limit vehicle storage fees to the maximum allowed by G.S. 20-28.3.

"(3) Require that towing and recovery fees be within fifteen percent (15%) of the median price charged within the applicable Highway Patrol Troop.

"Notwithstanding the limitations set out in this section, the Highway Patrol may require that wrecker services, when responding to rotation wrecker calls, charge reasonable fees for services rendered and that any fee charged for rotation services not exceed the wrecker service's charges for nonrotation service calls that provide the same service, labor, and conditions.

"SECTION 2. The Secretary of Crime Control and Public Safety shall adopt amendments to 14A NCAC 09H.0321(10) to conform to the requirements of this act."

Effect of Amendments. - Session Laws 2006-253, s. 32, effective December 1, 2006, and applicable to offenses committed on or after that date, added "or without license and insurance" to the end of the section catchline and rewrote subsection (a).

Session Laws 2013-243, s. 2, effective December 1, 2013, added "and for felony speeding to elude arrest" in the section heading; substituted "the Division" for "the executive agency designated under subsection (b1) of this section" and "Division" for "executive agency" throughout; inserted "for Impaired Driving Offenses" in the subsection heading of subsection (a); rewrote the first and sixth sentences in subsection (b1); rewrote subdivision(e)(4); in subsection (e2), inserted the subdivision designation and "If the seizure was for an offense involving impaired driving" in subdivision (1) and added subdivision (2); in subsection (k), deleted "involving impaired driving" preceding "related to a motor vehicle" and added "under this section" at the end of the first sentence; in subsection ( l ), rewrote the first sentence and added the second sentence; and in subsection (m), deleted "impaired driving" following "District court trials of" in the first sentence; and made stylistic changes throughout. For applicability, see Editor's note.

Session Laws 2015-241, s. 27.3(b), effective July 1, 2015, in subsection (d), substituted "not to exceed 10 business days" for "not to exceed 10 days" in the second sentence, substituted "State Surplus Property Agency" for "Department of Public Instruction" twice in the fourth sentence, substituted "ten dollars ($10.00) per calendar day" for "ten dollars ($10.00) per day" in the fifth and sixth sentences, and in the seventh sentence inserted "neither the State Surplus Property Agency" and substituted "nor any of their employees, shall be liable" for "or any of its employees, shall not be liable"; and in subsection (i), inserted "State Surplus Property Agency or" in the first sentence, and inserted "or G.S. 20-28.5(a1), as applicable" in the third sentence.

§ 20-28.4. Release of impounded motor vehicles by judge.

1. Release Upon Conclusion of Trial. - If the driver of a motor vehicle seized pursuant to G.S. 20-28.3:
   1. Is subsequently not convicted of the underlying offense resulting in seizure due to dismissal or a finding of not guilty; or
   2. The judge at a forfeiture hearing conducted pursuant to G.S. 20-28.2(d) finds that the criteria for forfeiture have not otherwise been met; and
   3. The vehicle has not previously been released to a lienholder pursuant to G.S. 20-28.3(e3),
2. Notwithstanding G.S. 44A-2(d), if the owner of the seized motor vehicle does not obtain release of the vehicle within 30 days from the date of the court's order, the possessor of the seized motor vehicle has a mechanics' lien on the seized motor vehicle for the full amount of the towing and storage charges incurred since the motor vehicle was seized and may dispose of the seized motor vehicle pursuant to Article 1 of Chapter 44A of the General Statutes. Notice of the right to a judicial hearing on the validity of the mechanics' lien given to the owner of the motor vehicle in open court in accordance with subsection (a) of this section or delivery to the owner of the vehicle of a copy of the court's order entered in accordance with subsection (a) of this section shall satisfy the notice requirement of G.S. 44A-4(b).

the seized motor vehicle or insurance proceeds held by the clerk of court pursuant to G.S. 20-28.2(c1) or G.S. 20-28.3(h) shall be released to the motor vehicle owner conditioned upon payment of towing and storage costs. The court shall not waive the payment of towing and storage costs. The court shall include in its order notice to the owner of the seized motor vehicle still being held, that within 30 days of the date of the court's order, the owner must make payment of the outstanding towing and storage costs for the motor vehicle and retrieve the motor vehicle, or give notice to Division of Motor Vehicles requesting a judicial hearing on the validity of any mechanics' lien on the motor vehicle for towing and storage costs.

History

(1997-379, s. 1.3; 1998-182, s. 4; 2001-362, s. 8; 2004-128, s. 4; 2013-243, s. 3.)

Effect of Amendments. - Session Laws 2004-128, s. 4, effective October 1, 2004, added subsection designations; added the last sentence in subsection (a); and added the last sentence in subsection (b).

Session Laws 2013-243, s. 3, effective December 1, 2013, substituted "the underlying offense resulting in seizure" for "an offense involving impaired driving" in subdivision (a)(1); and substituted "finds that the criteria for forfeiture have not otherwise been met" for "fails to find that the drivers license was revoked as a result of a prior impaired driving license revocation as defined in G.S. 20-28.2" in subdivision (a)(2). For applicability, see Editor's note.

§ 20-28.5. Forfeiture of impounded motor vehicle or funds.

1. Sale of Vehicle in Possession of County Board of Education. - A motor vehicle in the possession or constructive possession of a county board of education ordered forfeited and sold or a seized motor vehicle authorized to be sold pursuant to G.S. 20-28.3(i), shall be sold at a public sale conducted in accordance with the provisions of Article 12 of Chapter 160A of the General Statutes, applicable to sales authorized pursuant to G.S. 160A-266(a)(2), (3), or (4), subject to the notice requirements of this subsection, and shall be conducted by the county board of education or a person acting on its behalf. Notice of sale, including the date, time, location, and manner of sale, shall be given by first-class mail to all motor vehicle owners of the vehicle to be sold at the address shown by the records of the Division. Written notice of sale shall also be given to all lienholders on file with the Division. Notice of sale shall be given to the Division in accordance with the procedures established by the Division. Notices required to be given under this subsection shall be mailed at least 10 days prior to the date of sale. A lienholder shall be permitted to purchase the motor vehicle at any such sale by bidding in the amount of its lien, if that should be the highest bid, without being required to tender any additional funds, other than the towing and storage fees. The county board of education, or its agent, shall not sell, give, or otherwise transfer possession of the forfeited motor vehicle to the defendant, the motor vehicle owner who owned the motor vehicle immediately prior to forfeiture, or any person acting on the defendant's or motor vehicle owner's behalf.
2. Sale of Vehicle in Possession of the State Surplus Property Agency. - A motor vehicle in the possession or constructive possession of the State Surplus Property Agency ordered forfeited and sold or a seized motor vehicle authorized to be sold pursuant to G.S. 20-28.3(i) shall be sold at a public sale conducted in accordance with the provisions of Article 3A of Chapter 143 of the General Statutes, subject to the notice requirements of this subsection, and shall be conducted by the State Surplus Property Agency or a person acting on its behalf. Notice of sale, including the date, time, location, and manner of sale, shall be given by first-class mail to all motor vehicle owners of the vehicle to be sold at the address shown by the records of the Division. Written notice of sale shall also be given to all lienholders on file with the Division. Notice of sale shall be given to the Division in accordance with the procedures established by the State Surplus Property Agency. Notices required to be given under this subsection shall be mailed at least 10 days prior to the date of sale. A lienholder shall be permitted to purchase the motor vehicle at any such sale by bidding in the amount of its lien, if that should be the highest bid, without being required to tender any additional funds, other than the towing and storage fees. The State Surplus Property Agency, or its agent, shall not sell, give, or otherwise transfer possession of the forfeited motor vehicle to the defendant, the motor vehicle owner who owned the motor vehicle immediately prior to forfeiture, or any person acting on the defendant's or motor vehicle owner's behalf.
3. Proceeds of Sale. - Proceeds of any sale conducted under this section, G.S. 20-28.2(f)(5), or G.S. 20-28.3(e3)(3), shall first be applied to all costs incurred by the State Surplus Property Agency or county board of education and then to satisfy towing and storage costs. The balance of the proceeds of sale, if any, shall be used to satisfy any other existing liens of record that were properly recorded prior to the date of initial seizure of the vehicle. Any remaining balance shall be paid to the county school fund in the county in which the motor vehicle was ordered forfeited. If there is more than one school board in the county, then the net proceeds of sale, after reimbursement to the county board of education of reasonable administrative costs incurred in connection with the forfeiture and sale of the motor vehicle, shall be distributed in the same manner as fines and other forfeitures. The sale of a motor vehicle pursuant to this section shall be deemed to extinguish all existing liens on the motor vehicle and the motor vehicle shall be transferred free and clear of any liens.
4. Retention of Motor Vehicle. - A board of education may, at its option, retain any forfeited motor vehicle for its use upon payment of towing and storage costs. If the motor vehicle is retained, any valid lien of record at the time of the initial seizure of the motor vehicle shall be satisfied by the county board of education relieving the motor vehicle owner of all liability for the obligation secured by the motor vehicle. If there is more than one school board in the county, and the motor vehicle is retained by a board of education, then the fair market value of the motor vehicle, less the costs for towing, storage, reasonable administrative costs, and liens paid, shall be used to determine and pay the share due each of the school boards in the same manner as fines and other forfeitures.
5. Repealed by Session Laws 1998-182, s. 5, effective December 1, 1998.
6. Order of Forfeiture; Appeals. - An order of forfeiture is stayed pending appeal of a conviction for an offense that is the basis for the order. When the conviction of an offense that is the basis for an order of forfeiture is appealed from district court, the issue of forfeiture shall be heard in superior court de novo. Appeal from a final order of forfeiture shall be to the Court of Appeals.

History

(1997-379, s. 1.4; 1998-182, s. 5; 1998-217, s. 62(d); 1999-456, s. 11; 2015-241, s. 27.3(c).)

Effect of Amendments. - Session Laws 2015-241, s. 27.3(c), effective July 1, 2015, in subsection (a), substituted "Sale of Vehicle in Possession of County Board of Education" for "Sale" in the subsection heading, and inserted "in the possession or constructive possession of a county board of education" near the beginning of the first sentence; added subsection (a1); and substituted "all costs incurred by the State Surplus Property Agency or county board of education" for "the cost of sale" in subsection (b).

§ 20-28.7. Responsibility of Division of Motor Vehicles.

The Division shall establish procedures by rule to provide for the orderly seizure, forfeiture, sale, and transfer of motor vehicles pursuant to the provisions of G.S. 20-28.2, 20-28.3, 20-28.4, and 20-28.5.

History

(1997-379, s. 1.6; 1998-182, s. 7.)

§ 20-28.8. Reports to the Division.

In any case in which a vehicle has been seized pursuant to G.S. 20-28.3, in addition to any other information that must be reported pursuant to this Chapter, the clerk of superior court shall report to the Division by electronic means the execution of an impaired driving acknowledgment as defined in G.S. 20-28.2(a1)(1a), a speeding to elude arrest acknowledgment as defined in G.S. 20-28.2(a1)(8), the entry of an order of forfeiture as defined in G.S. 20-28.2(a1)(4), and the entry of an order of release as defined in G.S. 20-28.3 and G.S. 20-28.4. Each report shall include any of the following information that has not previously been reported to the Division in the case: the name, address, and drivers license number of the defendant; the name, address, and drivers license number of the nondefendant motor vehicle owner, if known; and the make, model, year, vehicle identification number, state of registration, and vehicle registration plate number of the seized vehicle, if known.

History

(1998-182, s. 8; 2013-243, s. 4.)

Effect of Amendments. - Session Laws 2013-243, s. 4, effective December 1, 2013, inserted "impaired driving" and "a speeding to elude arrest acknowledgment as defined in G.S. 20-28.2(a1)(8)" in the first sentence. For applicability, see Editor's note.

§ 20-28.9. Authority for the State Surplus Property Agency to administer a statewide or regional towing, storage, and sales program for vehicles forfeited.

1. The State Surplus Property Agency is authorized to enter into a contract for a statewide service or contracts for regional services to tow, store, process, maintain, and sell motor vehicles seized pursuant to G.S. 20-28.3. All motor vehicles seized under G.S. 20-28.3 shall be subject to contracts entered into pursuant to this section. Contracts shall be let by the State Surplus Property Agency in accordance with the provisions of Article 3 of Chapter 143 of the General Statutes. All contracts shall ensure the safety of the motor vehicles while held and any funds arising from the sale of any seized motor vehicle. The contract shall require the contractor to maintain and make available to the agency a computerized up-to-date inventory of all motor vehicles held under the contract, together with an accounting of all accrued charges, the status of the vehicle, and the county school fund to which the proceeds of sale are to be paid. The contract shall provide that the contractor shall pay the towing and storage charges owed on a seized vehicle to a commercial towing company at the time the seized vehicle is obtained from the commercial towing company, with the contractor being reimbursed this expense when the vehicle is released or sold. The State Surplus Property Agency shall not enter into any contract under this section under which the State will be obligated to pay a deficiency arising from the sale of any forfeited motor vehicle.
2. The State Surplus Property Agency, through its contractor or contractors designated in accordance with subsection (a) of this section, may charge a reasonable fee for storage not to exceed ten dollars ($10.00) per calendar day for the storage of seized vehicles pursuant to G.S. 20-28.3.
3. Repealed by Session Laws 2015-241, s. 27.3(d), effective July 1, 2015.

History

(1998-182, s. 8; 2014-115, s. 2.2; 2015-241, s. 27.3(d); 2015-264, s. 38.3(a).)

Effect of Amendments. - Session Laws 2014-115, s. 2.2, effective August 11, 2014, deleted "driving while impaired" preceding "vehicles" in the section heading.

Session Laws 2015-241, s. 27.3(d), effective July 1, 2015, twice substituted "State Surplus Property Agency" for "Department of Public Instruction" and twice substituted "State Surplus Property Agency" for "Department"; in subsection (a) added the fourth sentence; and deleted former subsection (c), relating to the collection of administrative fees.

Session Laws 2015-264, s. 38.3(a), effective July 1, 2015, deleted the former fourth sentence of subsection (a), which read "Nothing in this section shall be construed to prohibit the State Surplus Property Agency from entering into contracts pursuant to this section for some regions of the State while performing the work of towing, storing, processing, maintaining, and selling motor vehicles seized pursuant to G.S. 20-28.3 itself in other regions of the State."

§ 20-29. Surrender of license.

Any person operating or in charge of a motor vehicle, when requested by an officer in uniform, or, in the event of accident in which the vehicle which he is operating or in charge of shall be involved, when requested by any other person, who shall refuse to write his name for the purpose of identification or to give his name and address and the name and address of the owner of such vehicle, or who shall give a false name or address, or who shall refuse, on demand of such officer or such other person, to produce his license and exhibit same to such officer or such other person for the purpose of examination, or who shall refuse to surrender his license on demand of the Division, or fail to produce same when requested by a court of this State, shall be guilty of a Class 2 misdemeanor. Pickup notices for drivers' licenses or revocation or suspension of license notices and orders or demands issued by the Division for the surrender of such licenses may be served and executed by patrolmen or other peace officers or may be served in accordance with G.S. 20-48. Patrolmen and peace officers, while serving and executing such notices, orders and demands, shall have all the power and authority possessed by peace officers when serving the executing warrants charging violations of the criminal laws of the State.

History

(1935, c. 52, s. 23; 1949, c. 583, s. 7; 1975, c. 716, s. 5; 1979, c. 667, s. 25; 1981, c. 938, s. 1; 1993, c. 539, s. 323; 1994, Ex. Sess., c. 24, s. 14(c).)

§ 20-29.1. Commissioner may require reexamination; issuance of limited or restricted licenses.

The Commissioner of Motor Vehicles, having good and sufficient cause to believe that a licensed operator is incompetent or otherwise not qualified to be licensed, may, upon written notice of at least five days to such licensee, require him to submit to a reexamination to determine his competency to operate a motor vehicle. Upon the conclusion of such examination, the Commissioner shall take such action as may be appropriate, and may suspend or revoke the license of such person or permit him to retain such license, or may issue a license subject to restrictions or upon failure of such reexamination may cancel the license of such person until he passes a reexamination. Refusal or neglect of the licensee to submit to such reexamination shall be grounds for the cancellation of the license of the person failing to be reexamined, and the license so canceled shall remain canceled until such person satisfactorily complies with the reexamination requirements of the Commissioner. The Commissioner may, in his discretion and upon the written application of any person qualified to receive a driver's license, issue to such person a driver's license restricting or limiting the licensee to the operation of a single prescribed motor vehicle or to the operation of a particular class or type of motor vehicle. Such a limitation or restriction shall be noted on the face of the license, and it shall be unlawful for the holder of such limited or restricted license to operate any motor vehicle or class of motor vehicle not specified by such restricted or limited license, and the operation by such licensee of motor vehicles not specified by such license shall be deemed the equivalent of operating a motor vehicle without any driver's license. Any such restricted or limited licensee may at any time surrender such restricted or limited license and apply for and receive an unrestricted driver's license upon meeting the requirements therefor.

History

(1943, c. 787, s. 2; 1949, c. 1121; 1971, c. 546; 1979, c. 667, ss. 26, 41.)

§ 20-30. Violations of license, learner's permit, or special identification card provisions.

It shall be unlawful for any person to commit any of the following acts:

1. To display or cause to be displayed or to have in possession a driver's license, learner's permit, or special identification card, knowing the same to be fictitious or to have been canceled, revoked, suspended or altered.
2. To counterfeit, sell, lend to, or knowingly permit the use of, by one not entitled thereto, a driver's license, learner's permit, or special identification card.
3. To display or to represent as one's own a drivers license, learner's permit, or special identification card not issued to the person so displaying same.
4. To fail or refuse to surrender to the Division upon demand any driver's license, learner's permit, or special identification card that has been suspended, canceled or revoked as provided by law.
5. To use a false or fictitious name or give a false or fictitious address in any application for a driver's license, learner's permit, or special identification card, or any renewal or duplicate thereof, or knowingly to make a false statement or knowingly conceal a material fact or otherwise commit a fraud in any such application, or for any person to procure, or knowingly permit or allow another to commit any of the foregoing acts. Any license, learner's permit, or special identification card procured as aforesaid shall be void from the issuance thereof, and any moneys paid therefor shall be forfeited to the State. Any person violating the provisions of this subdivision shall be guilty of a Class 1 misdemeanor.
6. To make a color photocopy or otherwise make a color reproduction of a drivers license, learner's permit, or special identification card which has been color-photocopied or otherwise reproduced in color, unless such color photocopy or other color reproduction was authorized by the Commissioner or is made to comply with G.S. 163-230.2. It shall be lawful to make a black and white photocopy of a drivers license, learner's permit, or special identification card or otherwise make a black and white reproduction of a drivers license, learner's permit, or special identification card.
7. To sell or offer for sale any reproduction or facsimile or simulation of a driver's license, learner's permit, or special identification card. The provisions of this subdivision shall not apply to agents or employees of the Division while acting in the course and scope of their employment. Any person, firm or corporation violating the provisions of this subsection shall be guilty of a Class I felony.
8. To possess more than one commercial drivers license or to possess a commercial drivers license and a regular drivers license. Any commercial drivers license other than the one most recently issued is subject to immediate seizure by any law enforcement officer or judicial official. Any regular drivers license possessed at the same time as a commercial drivers license is subject to immediate seizure by any law enforcement officer or judicial official.
9. To present, display, or use a drivers license, learner's permit, or special identification card that contains a false or fictitious name in the commission or attempted commission of a felony. Any person violating the provisions of this subdivision shall be guilty of a Class I felony.

History

(1935, c. 52, s. 24; 1951, c. 542, s. 4; 1967, c. 1098, s. 1; 1973, c. 18, s. 2; 1975, c. 716, s. 5; 1979, c. 415; c. 667, ss. 27, 41; 1979, 2nd Sess., c. 1316, s. 22; 1989, c. 771, s. 8; 1991, c. 726, s. 13; 1991 (Reg. Sess., 1992), c. 1007, s. 29; 1993, c. 539, s. 1247; 1994, Ex. Sess., c. 24, s. 14(c); 1999-299, s. 1; 2001-461, s. 1.1; 2001-487, s. 50(b); 2011-381, s. 4; 2019-239, s. 1.3(c).)

Editor's Note. - Session Laws 2019-239, s. 1.3(d), provides: "On or before May 1, 2020, the State Board of Elections shall report to the Joint Legislative Elections Oversight Committee and the General Assembly as to its plans to implement Sections 1.2 and 1.3 of this act and any recommendations for statutory changes necessary to implement these provisions."

Session Laws 2019-239, s. 1.6, provides: "Rule Making. - The State Board of Elections shall adopt emergency rules for the implementation of this Part in accordance with G.S. 150B-21.1A. This section does not require any rule making if not otherwise required by law."

Session Laws 2019-239, s. 7, made the amendment to subdivision (6) of this section by Session Laws 2019-239, s. 1.3(c), effective January 1, 2020, and applicable to elections conducted on or after that date.

Session Laws 2019-239, s. 5.14, is a severability clause.

Effect of Amendments. - Session Laws 2011-381, s. 4, added "or special identification card' throughout subdivisions (1) through (5), (7), and (9), and in the section heading; and made related changes. For effective date and applicability, see Editor's note.

Session Laws 2019-239, s. 1.3(c), inserted "or is made to comply with G.S. 163-230.2" at the end of the first sentence of subdivision (6). For effective date and applicability, see editor's note.

§ 20-31. Making false affidavits perjury.

Any person who shall make any false affidavit, or shall knowingly swear or affirm falsely, to any matter or thing required by the terms of this Article to be sworn to or affirmed shall be guilty of a Class I felony.

History

(1935, c. 52, s. 25; 1993, c. 539, s. 1249; 1994, Ex. Sess., c. 24, s. 14(c).)

§ 20-32. Unlawful to permit unlicensed minor to drive motor vehicle.

It shall be unlawful for any person to cause or knowingly permit any minor under the age of 18 years to drive a motor vehicle upon a highway as an operator, unless such minor shall have first obtained a license to so drive a motor vehicle under the provisions of this Article.

History

(1935, c. 52, s. 26; 1973, c. 684.)

§ 20-34. Unlawful to permit violations of this Article.

No person shall authorize or knowingly permit a motor vehicle owned by him or under his control to be driven by any person who has no legal right to do so or in violation of any of the provisions of this Article.

History

(1935, c. 52, s. 28.)

§ 20-34.1. Violations for wrongful issuance of a drivers license or a special identification card.

1. An employee of the Division or of an agent of the Division who does any of the following commits a Class I felony:
   1. Charges or accepts any money or other thing of value, except the required fee, for the issuance of a drivers license or a special identification card.
   2. Knowing it is false, accepts false proof of identification submitted for a drivers license or a special identification card.
   3. Knowing it is false, enters false information concerning a drivers license or a special identification card in the records of the Division.
2. Defenses Precluded. - The fact that the Division does not issue a license or a special identification card after an employee or an agent of the Division charges or accepts money or another thing of value for its issuance is not a defense to a criminal action under this section. It is not a defense to a criminal action under this section to show that the person who received or was intended to receive the license or special identification card was eligible for it.
3. Dismissal. - An employee of the Division who violates this section shall be dismissed from employment and may not hold any public office or public employment in this State for five years after the violation. If a person who violates this section is an employee of the agent of the Division, the Division shall cancel the contract of the agent unless the agent dismisses that person. A person dismissed by an agent because of a violation of this section may not hold any public office or public employment in this State for five years after the violation.

History

(1951, c. 211; 1975, c. 716, s. 5; 1979, c. 667, s. 41; 1993, c. 533, s. 8; c. 539, s. 1250; 1994, Ex. Sess., c. 14, s. 30; c. 24, s. 14(c).)

§ 20-35. Penalties for violating Article; defense to driving without a license.

1. Penalty. - Except as otherwise provided in subsection (a1) or (a2) of this section, a violation of this Article is a Class 2 misdemeanor unless a statute in the Article sets a different punishment for the violation. If a statute in this Article sets a different punishment for a violation of the Article, the different punishment applies.
2. The following offenses are Class 3 misdemeanors:
   1. Failure to obtain a license before driving a motor vehicle, in violation of G.S. 20-7(a).
   2. Failure to comply with license restrictions, in violation of G.S. 20-7(e).
   3. Permitting a motor vehicle owned by the person to be operated by an unlicensed person, in violation of G.S. 20-34.
3. A person who does any of the following is responsible for an infraction:
   1. Fails to carry a valid license while driving a motor vehicle, in violation of G.S. 20-7(a).
   2. Operates a motor vehicle with an expired license, in violation of G.S. 20-7(f).
   3. Fails to notify the Division of an address change for a drivers license within 60 days after the change occurs, in violation of G.S. 20-7.1.
4. Repealed by Session Laws 1993 (Reg. Sess., 1994), c. 761, s. 4.
5. Defenses. - A person may not be found responsible for failing to carry a regular drivers license if, when tried for that offense, the person produces in court a regular drivers license issued to the person that was valid when the person was charged with the offense. A person may not be found responsible for driving a motor vehicle with an expired drivers license if, when tried for that offense, the person shows all the following:
   1. That, at the time of the offense, the person had an expired license.
   2. The person renewed the expired license within 30 days after it expired and now has a drivers license.
   3. The person could not have been charged with driving without a license if the person had the renewed license when charged with the offense.
6. (Effective December 1, 2021) Defense for Deployed Member of the Armed Forces of the United States. - A person may not be found responsible for driving a motor vehicle with an expired drivers license if, when tried for that offense, the person provides verifiable written proof of deployment and establishes the following:
   1. The person was deployed as a member of the Armed Forces of the United States when the drivers license expired.
   2. The person obtained a renewed drivers license within 30 days after returning from deployment.

History

(1935, c. 52, s. 29; 1991, c. 726, s. 14; 1993, c. 539, s. 324; 1994, Ex. Sess., c. 24, s. 14(c); 1993 (Reg. Sess., 1994), c. 761, s. 4; 2013-360, s. 18B.14(g); 2013-385, s. 4; 2021-89, s. 2(a).)

Cross References. - As to jurisdiction of prosecution under this section, see notes to G.S. 7A-271 and 7A-272.

Editor's Note. - Session Laws 2021-89, s. 2(b), made subsection (d) of this section, as added by Session Laws 2021-89, s. 2(a), effective December 1, 2021, and applicable to offenses committed on or after that date.

Effect of Amendments. - Session Laws 2013-360, s. 18B.14(g), effective December 1, 2013, added "Except as otherwise provided in subsection (a1) of this section" in subsection (a); and added subsection (a1). For applicability, see Editor's note.

Session Laws 2013-385, s. 4, effective December 1, 2013, added "or (a2)" in subsection (a); deleted former subdivisions (a1)(2), (a1)(4), and (a1)(5); redesignated former subdivisions (a1)(3) and (a1)(6) as present subdivisions (a1)(2) and (a1)(3); added subsection (a2); and, in subsection (c), substituted "found responsible for" for "convicted of" twice and "with an expired" for "without a regular." For applicability, see Editor's note.

Session Laws 2021-89, s. 2(a), added subsection (d). For effective date and applicability, see editor's note.

§ 20-36. Ten-year-old convictions not considered.

Except for offenses occurring in a commercial motor vehicle, offenses by the holder of a commercial drivers license involving a noncommercial motor vehicle, or a second failure to submit to a chemical test when charged with an implied-consent offense, as defined in G.S. 20-16.2, that occurred while the person was driving a commercial motor vehicle, no conviction of any other violation of the motor vehicle laws shall be considered by the Division in determining whether any person's driving privilege shall be suspended or revoked or in determining the appropriate period of suspension or revocation after 10 years has elapsed from the date of that conviction.

History

(1971, c. 15; 1975, c. 716, s. 5; 1998-182, s. 22; 2005-349, s. 7; 2009-416, s. 4.)

Effect of Amendments. - Session Laws 2005-349, s. 7, effective September 30, 2005, substituted "Except for offenses occurring in a commercial motor vehicle" for "Except for a second or subsequent conviction for violating G.S. 20-138.2, a third or subsequent violation of G.S. 20-138.2A."

Session Laws 2009-416, s. 4, effective March 31, 2010, and applicable to offenses committed on or after that date, inserted "offenses by the holder of a commercial drivers license involving a noncommercial motor vehicle."

Opinions of Attorney General

Ten-Year Limitation Applicable to Division of Motor Vehicle Action Only. - See opinion of Attorney General to Honorable Robert A. Collier, Jr., 41 N.C.A.G. 322 (1971).

§ 20-37. Limitations on issuance of licenses.

There shall be no driver's license issued within this State other than that provided for in this Article, nor shall there be any other examination required: Provided, however, that cities and towns shall have the power to license, regulate and control drivers and operators of taxicabs within the city or town limits and to regulate and control operators of taxicabs operating between the city or town to points, not incorporated, within a radius of five miles of said city or town.

History

(1935, c. 52, s. 34; 1943, c. 639, s. 2; 1979, c. 667, s. 41.)

Legal Periodicals. - For comment on the 1943 amendment to this section, see 21 N.C.L. Rev. 358 (1943).

§ 20-37.01. Drivers License Technology Fund.

The Drivers License Technology Fund is established in the Department of Transportation as a nonreverting, interest-bearing special revenue account. The revenue in the Fund at the end of a fiscal year does not revert, and earnings on the Fund shall be credited to the Fund annually. All money collected by the Commissioner pursuant to G.S. 20-37.02 shall be remitted to the State Treasurer and held in the Fund. Money held in the Fund shall be used to supplement funds otherwise available to the Division for information technology and office automation needs. The Commissioner shall report by February 1 and August 1 of each year to the Joint Legislative Commission on Governmental Operations, the chairs of the Senate and House of Representatives Appropriation Committees, and the chairs of the Senate and House of Representatives Appropriations Subcommittees on Transportation on all money collected and deposited in the Fund and on the proposed expenditure of funds collected during the preceding six months.

History

(2001-461, s. 4; 2001-487, s. 42(c).)

Editor's Note. - Session Laws 2001-461, s. 6, made this section effective November 14, 2001.

Session Laws 2001-461, s. 6, also provides: "The electronic system to be established pursuant to Section 4 of this act [which enacted G.S. 20-37.01 and 20-37.02] shall not be operated by the Commissioner until such time as the Drivers License Technology Fund contains sufficient funds to meet the purposes of Section 4 of this act and only for so long as adequate funds are available to operate the electronic system."

§ 20-37.02. Verification of drivers license information.

1. The Commissioner shall establish and operate an electronic system that can be used to verify drivers licenses and identification cards issued by the Division and the dates of birth on these documents in order to facilitate access to drivers license information by retailers and persons holding ABC permits to prevent the utilization of fictitious identification for the purpose of underage purchases of certain age-restricted products or to commit certain crimes.
2. The electronic system established and operated by the Commissioner pursuant to subsection (a) of this section shall allow a retailer, as defined in G.S. 105-164.3(229), a person who holds an ABC permit, as defined in G.S. 18B-101(2), or an agent of the retailer or a person holding an ABC permit, to verify the validity of a drivers license or identification card issued by the Division and the date of birth of the person issued the drivers license or identification card. The Commissioner shall make drivers license and identification card information available in a read-only format, and the information to be made available shall not exceed the information contained on the face of the drivers license. The Division shall not keep a record of the inquiry. The retailer or a person holding an ABC permit may retain such information as is necessary to provide evidence that the person's drivers license or identification card was validated or that the person's age was verified. A retailer or permittee shall agree to comply with the requirements of this section prior to using the system.
3. Except for purposes allowed in this section, a person using the electronic system established in accordance with subsection (a) of this section shall not collect or retain any information obtained through the use of the electronic system, nor transfer or make accessible to a third party any information obtained through an inquiry permitted under this section. A violation of the provisions of this subsection shall be punished as a Class 2 misdemeanor.
4. A retailer or permittee using the electronic system established pursuant to this section shall be responsible for the costs of the equipment and communication lines approved by the Division needed by the retailer or permittee to access the system.
5. The establishment and operation of an electronic system pursuant to this section may be funded through grants received from the State, the federal government, a private entity, or any other funding source made available to the Drivers License Technology Fund. All funds obtained through grants to the Fund shall be remitted to the State Treasurer to be held in the Drivers License Technology Fund established in G.S. 20-37.01.

History

(2001-461, s. 4.)

Editor's Note. - Session Laws 2001-461, s. 6, made this section effective November 14, 2001.

Session Laws 2001-461, s. 6, also provides: "The electronic system to be established pursuant to Section 4 of this act [which enacted G.S. 20-37.01 and 20-37.02] shall not be operated by the Commissioner until such time as the Drivers License Technology Fund contains sufficient funds to meet the purposes of Section 4 of this act and only for so long as adequate funds are available to operate the electronic system."

Session Laws 2019-169, s. 3.1(c), provides: "The Revisor of Statutes is authorized to renumber the subdivisions of G.S. 105-164.3 to ensure that the subdivisions are listed in alphabetical order and in a manner that reduces the current use of alphanumeric designations, to make conforming changes, and to reserve sufficient space to accommodate future additions to the statutory section." At the direction of the Revisor of Statutes, a reference was conformed in subsection (b).

§ 20-37.5. Definitions.

Unless the context requires otherwise, the following definitions apply throughout this Article to the defined words and phrases and their cognates:

1. "Distinguishing license plate" means a license plate that displays the International Symbol of Access using the same color, size of plate, and size of letters or numbers as a regular plate.
2. (Effective March 1, 2020) Guardian. - Any of the following:
   1. Custodian. - As defined in G.S. 7B-101(8).
   2. General guardian. - As defined in G.S. 35A-1202(7).
   3. Guardian of the person. - As defined in G.S. 35A-1202(10).
3. "Handicapped" shall mean a person with a mobility impairment who, as determined by a licensed physician:
   1. Cannot walk 200 feet without stopping to rest;
   2. Cannot walk without the use of, or assistance from, a brace, cane, crutch, another person, prosthetic device, wheelchair, or other assistive device;
   3. Is restricted by lung disease to such an extent that the person's forced (respiratory) expiratory volume of one second, when measured by spirometry, is less than one liter, or the arterial oxygen tension is less than 60 mm/hg on room air at rest;
   4. Uses portable oxygen;
   5. Has a cardiac condition to the extent that the person's functional limitations are classified in severity as Class III or Class IV according to standards set by the American Heart Association;
   6. Is severely limited in their ability to walk due to an arthritic, neurological, or orthopedic condition; or
   7. Is totally blind or whose vision with glasses is so defective as to prevent the performance of ordinary activity for which eyesight is essential, as certified by a licensed ophthalmologist, optometrist, or the Division of Services for the Blind.
4. "International Symbol of Access" means the symbol adopted by Rehabilitation International in 1969 at its Eleventh World Congress on Rehabilitation of the Disabled.
5. "Removable windshield placard" means a two-sided, hooked placard which includes on each side:
   1. The International Symbol of Access, which is at least three inches in height, centered on the placard, and is white on a blue shield;
   2. An identification number;
   3. An expiration date that is visible from at least 20 feet and the month and year of expiration; and
   4. The seal or other identification of the issuing authority.

History

(1967, c. 296, s. 5; 1977, c. 340, s. 1; 1991, c. 411, s. 1; 2009-493, s. 1; 2019-213, s. 1(a).)

Effect of Amendments. - Session Laws 2009-493, s. 1, effective January 1, 2010, and applicable to placards that are issued or renewed on or after that date, inserted "that is visible from at least 20 feet and the month and year of expiration " in subdivision (4)c.

Session Laws 2019-213, s. 1(a), effective March 1, 2020, added subdivision (1a).

§ 20-37.6. Parking privileges for handicapped drivers and passengers.

1. General Parking. - Any vehicle that is driven by or is transporting a person who is handicapped and that displays a distinguishing license plate, a removable windshield placard, or a temporary removable windshield placard may be parked for unlimited periods in parking zones restricted as to the length of time parking is permitted. This provision has no application to those zones or during times in which the stopping, parking, or standing of all vehicles is prohibited or which are reserved for special types of vehicles. Any qualifying vehicle may park in spaces designated as restricted to vehicles driven by or transporting the handicapped.
2. Distinguishing License Plates. - If the registered owner of a vehicle is handicapped or the registered owner certifies that the registered owner is the guardian or parent of a handicapped person, the registered owner may apply for and display a distinguishing license plate. This license plate shall be issued for the normal fee applicable to standard license plates. Any vehicle owner who qualifies for a distinguishing license plate shall be notified by the Division at the time the plate is issued that the applicant is also eligible to receive one removable windshield placard and, upon request, shall be issued a placard at that time. A vehicle with a distinguishing license plate may be lawfully used when a handicapped person is not a driver or passenger so long as the vehicle is not using handicapped privileges including parking in a space designated with a sign pursuant to subsection (d) of this section.
3. Distinguishing Placards. - A handicapped person may apply for the issuance of a removable windshield placard or a temporary removable windshield placard. Upon request, one additional placard may be issued to applicants who do not have a distinguishing license plate. Any organization which, as determined and certified by the State Vocational Rehabilitation Agency, regularly transports handicapped persons may also apply. These organizations may receive one removable windshield placard for each transporting vehicle. When the removable windshield or temporary removable windshield placard is properly displayed, all parking rights and privileges extended to vehicles displaying a distinguishing license plate issued pursuant to subsection (b) shall apply. The removable windshield placard or the temporary removable windshield placard shall be displayed so that it may be viewed from the front and rear of the vehicle by hanging it from the front windshield rearview mirror of a vehicle using a parking space allowed for handicapped persons. When there is no inside rearview mirror, or when the placard cannot reasonably be hung from the rearview mirror by the handicapped person, the placard shall be displayed on the driver's side of the dashboard. A removable windshield placard placed on a motorized wheelchair or similar vehicle shall be displayed in a clearly visible location. The Division shall establish procedures for the issuance of the placards and may charge a fee sufficient to pay the actual cost of issuance, but in no event less than five dollars ($5.00) per placard. The Division shall issue a placard registration card with each placard issued to a handicapped person. The registration card shall bear the name of the person to whom the placard is issued, the person's address, the placard number, and an expiration date. The registration card shall be in the vehicle in which the placard is being used, and the person to whom the placard is issued shall be the operator or a passenger in the vehicle in which the placard is displayed.
4. Application and Renewal; Medical Certification. - The initial application for a distinguishing license plate, removable windshield placard, or temporary removable windshield placard shall be accompanied by a certification of a licensed physician, a licensed ophthalmologist, a licensed optometrist, a licensed physician assistant, a licensed nurse practitioner, or the Division of Services for the Blind that the applicant or person in the applicant's custody or care is handicapped or by a disability determination by the United States Department of Veterans Affairs that the applicant or person in the applicant's custody or care is handicapped. For an initial application for a temporary removable windshield placard only, the certification that the applicant is handicapped may be made by a licensed certified nurse midwife. The application for a temporary removable windshield placard shall contain additional certification to include the period of time the certifying authority determines the applicant will have the disability. Distinguishing license plates shall be renewed annually, but subsequent applications shall not require a medical certification that the applicant is handicapped, except that a registered owner that certified pursuant to subsection (b) of this section that the registered owner is the guardian or parent of a handicapped person must recertify every five years. Removable windshield placards shall be renewed every five years, and, except for a person certified as totally and permanently disabled at the time of the initial application or a prior renewal under this subsection, the renewal shall require a medical recertification that the person is handicapped; provided that a medical certification shall not be required to renew any placard that expires after the person to whom it is issued is 80 years of age. Temporary removable windshield placards shall expire no later than six months after issuance.
5. Existing Placards; Expiration; Exchange for New Placards. -. All existing placards shall expire on January 1, 1992. No person shall be convicted of parking in violation of this Article by reason of an expired placard if the defendant produces in court, at the time of trial on the illegal parking charge, an expired placard and a renewed placard issued within 30 days of the expiration date of the expired placard and which would have been a defense to the charge had it been issued prior to the time of the alleged offense. Existing placards issued on or after July 1, 1989, may be exchanged without charge for the new placards.
6. It shall be unlawful to sell a distinguishing license plate, a removable windshield placard, or a temporary removable windshield placard issued pursuant to this section. A violation of this subsection shall be a Class 2 misdemeanor and may be punished pursuant to G.S. 20-176(c) and (c1).
7. Designation of Parking Spaces. - Designation of parking spaces for handicapped persons on streets and public vehicular areas shall comply with G.S. 136-30. A sign designating a parking space for handicapped persons shall state the maximum penalty for parking in the space in violation of the law. For purposes of this section, a parking space designated for handicapped persons includes clearly marked access aisles, and all provisions, restrictions, and penalties applicable to parking in spaces designated for handicapped persons also apply to clearly marked access aisles.
8. Repealed by Session Laws 1991, c. 530, s. 4.
9. Enforcement of Handicapped Parking Privileges. - It shall be unlawful:
   1. To park or leave standing any vehicle in a space designated with a sign pursuant to subsection (d) of this section for handicapped persons when the vehicle does not display the distinguishing license plate, removable windshield placard, temporary removable windshield placard as provided in this section, a disabled veteran registration plate issued under G.S. 20-79.4, or a partially disabled veteran registration plate issued under G.S. 20-79.4;
   2. For any person not qualifying for the rights and privileges extended to handicapped persons under this section to exercise or attempt to exercise such rights or privileges by the unauthorized use of a distinguishing license plate, removable windshield placard, or temporary removable windshield placard issued pursuant to the provisions of this section;
   3. To park or leave standing any vehicle so as to obstruct a curb ramp or curb cut for handicapped persons as provided for by the North Carolina Building Code or as designated in G.S. 136-44.14;
   4. For those responsible for designating parking spaces for the handicapped to erect or otherwise use signs not conforming to G.S. 20-37.6(d) for this purpose.
10. Penalties for Violation. -
    1. A violation of G.S. 20-37.6(e)(1), (2) or (3) is an infraction which carries a penalty of at least one hundred dollars ($100.00) but not more than two hundred fifty dollars ($250.00) and whenever evidence shall be presented in any court of the fact that any automobile, truck, or other vehicle was found to be parked in a properly designated handicapped parking space in violation of the provisions of this section, it shall be prima facie evidence in any court in the State of North Carolina that the vehicle was parked and left in the space by the person, firm, or corporation in whose name the vehicle is registered and licensed according to the records of the Division. No evidence tendered or presented under this authorization shall be admissible or competent in any respect in any court or tribunal except in cases concerned solely with a violation of this section.
    2. A violation of G.S. 20-37.6(e)(4) is an infraction which carries a penalty of at least one hundred dollars ($100.00) but not more than two hundred fifty dollars ($250.00) and whenever evidence shall be presented in any court of the fact that a nonconforming sign is being used it shall be prima facie evidence in any court in the State of North Carolina that the person, firm, or corporation with ownership of the property where the nonconforming sign is located is responsible for violation of this section. Building inspectors and others responsible for North Carolina State Building Code violations specified in G.S. 143-138(h) where such signs are required by the Handicapped Section of the North Carolina State Building Code, may cause a citation to be issued for this violation and may also initiate any appropriate action or proceeding to correct such violation.
    3. A law-enforcement officer, including a company police officer commissioned by the Attorney General under Chapter 74E of the General Statutes, or a campus police officer commissioned by the Attorney General under Chapter 74G of the General Statutes, may cause a vehicle parked in violation of this section to be towed. The officer is a legal possessor as provided in G.S. 20-161(d)(2). The officer shall not be held to answer in any civil or criminal action to any owner, lienholder or other person legally entitled to the possession of any motor vehicle removed from a space pursuant to this section, except where the motor vehicle is willfully, maliciously, or negligently damaged in the removal from the space to a place of storage.
    4. Notwithstanding any other provision of the General Statutes, the provisions of this section relative to handicapped parking shall be enforced by State, county, city and other municipal authorities in their respective jurisdictions whether on public or private property in the same manner as is used to enforce other parking laws and ordinances by said agencies.

This section is enforceable in all public vehicular areas.

History

(1971, c. 374, s. 1; 1973, cc. 126, 1384; 1977, c. 340, s. 2; 1979, c. 632; 1981, c. 682, s. 7; 1983, c. 326, ss. 1, 2; 1985, c. 249; c. 586; c. 764, s. 24; 1985 (Reg. Sess., 1986), c. 852, s. 17; 1987, c. 843; 1989, c. 760, s. 3; 1989 (Reg. Sess., 1990), c. 1052, ss. 1-3.1; 1991, c. 411, s. 2; c. 530, s. 4; c. 672, s. 5; c. 726, s. 23; c. 761, s. 5; 1991 (Reg. Sess., 1992), c. 1007, s. 30; c. 1043, s. 4; 1993, c. 373, s. 1; 1994, Ex. Sess., c. 14, s. 31; 1999-265, s. 1; 2005-231, s. 11; 2009-493, s. 2; 2015-22, s. 1; 2015-29, s. 1; 2016-25, ss. 1, 2; 2017-111, s. 1; 2018-77, s. 4; 2019-199, s. 8; 2019-213, s. 1(b).)

Local Modification. - City of Charlotte: 2001-88; city of Jacksonville: 1987 (Reg. Sess., 1988), c. 997.

Editor's Note. - Session Laws 2015-16, s. 1 provides: "The Division of Motor Vehicles shall study ways to decrease the misuse of windshield placards issued to handicapped persons. Included within this study shall be the cost, feasibility, and advisability of (i) requiring the inclusion of more personally identifying information on the windshield placard, including a picture of the handicapped person who was issued the placard, (ii) linking the windshield placard to the handicapped person's drivers license or special identification card, and (iii) linking the windshield placard to the license plate issued to the handicapped person or the owner of the vehicle in which the handicapped person is or will be transported. The Division shall report its findings and recommendations, including any legislative proposals, to the Joint Legislative Transportation Oversight Committee on or before January 15, 2016."

Session Laws 2015-22, s. 2, made the substitution of "shall be notified by the Division at the time the plate is issued that the applicant is also eligible to receive one removable windshield placard and, upon request, shall be issued a placard at that time" for "may also receive one removable windshield placard" in the last sentence of subsection (b) of this section by Session Laws 2015-22, s. 1, applicable to applications for a distinguishing license plate received on or after July 1, 2015.

Session Laws 2015-29, s. 2, provides: "The Division of Motor Vehicles shall develop or update the appropriate forms and procedures necessary to implement this act."

Session Laws 2020-3, s. 4.7(a)-(h), as amended by Session Laws 2020-97, ss. 3.15(a), 3.16(a), provides: "(a) Definition. - For purposes of this section, 'credential' means any of the following issued by the Division of Motor Vehicles:

"(1) Drivers license.

"(2) Learner's permit.

"(3) Limited learner's permit.

"(4) Limited provisional license.

"(5) Full provisional license.

"(6) Commercial drivers license.

"(7) Commercial learner's permit.

"(8) Temporary driving certificate.

"(9) Special identification card.

"(10) Handicapped placard.

"(11) Vehicle registration.

"(12) Temporary vehicle registration.

"(13) Dealer license plate.

"(14) Transporter plate.

"(15) Loaner/Dealer 'LD' plate.

"(16) Vehicle inspection authorization.

"(17) Inspection station license.

"(18) Inspection mechanic license.

"(19) Transportation network company permit.

"(20) Motor vehicle dealer license.

"(21) Sales representative license.

"(22) Manufacturer license.

"(23) Distributor license.

"(24) Wholesaler license.

"(25) Driver training school license.

"(26) Driver training school instructor license.

"(27) Professional housemoving license.

"(b) Extend Validity of Credentials. - Notwithstanding renewal, duration, or expiration provisions of G.S. 20-7, 20-11, 20-37.6, 20-37.7, 20-37.13, 20-50, 20-66, 20-79, 20-79.02, 20-79.2, 20-183.4B, 20-183.4D, 20-280.3, 20-288, 20-324, and 20-359, or any other provision of law to the contrary, the Division of Motor Vehicles shall extend for a period of five months the validity of any credential that expires on or after March 1, 2020, and before August 1, 2020. The Division shall extend for a period of five months the validity of any credential listed in subdivisions (6), (7), (9), (10), and (18) of subsection (a) of this section that expires on or after March 1, 2020, and before the date 30 days after the date the Governor (i) rescinds Executive Order No. 116 or (ii) issues another executive order lifting restrictions on Division of Motor Vehicles functions. Notwithstanding G.S. 20-37.13(h) and G.S. 20-37.13A(a), the Division of Motor Vehicles is authorized to waive the requirement that commercial drivers license and commercial learner's permit holders have a medical examination and certification, as required by federal law, consistent with any waiver of medical qualifications standards issued by the Federal Motor Carrier Safety Administration. A credential extended under this section shall expire five months from the date it otherwise expires as prescribed by law prior to this section. However, the subsequent expiration of a credential extended under this section shall occur on the date prescribed by law prior to this section without regard to the extension. The Division shall notify individuals affected by an extension granted under this section, including information on new expiration dates and how the extension affects subsequent renewal and expiration dates.

"(b1) Extension of Intrastate Medical Waivers. - Notwithstanding the limitation on duration of waivers in G.S. 20-37.13A(b), the Division of Motor Vehicles may extend for up to five months the validity of a medical waiver issued by the Division under G.S. 20-37.13A if the waiver expires on or after March 1, 2020, and before the date 30 days after the date the Governor (i) rescinds Executive Order No. 116 or (ii) issues another executive order lifting restrictions on Division of Motor Vehicles functions, and the Division's Medical Review Unit determines the extension is appropriate.

"(c) Driving Eligibility Certificates. - Notwithstanding G.S. 20-11(n)(3), a driving eligibility certificate dated on or after February 9, 2020, and before March 10, 2020, remains valid and may be accepted by the Division of Motor Vehicles to meet the requirements for a license or permit issued under G.S. 20-11 until 30 days after the date the Governor rescinds Executive Order No. 116 or the date the Division reopens all drivers license offices, whichever is earlier.

"(d) Waive Penalties. - Notwithstanding any provision of law to the contrary, the Division shall waive any fines, fees, or penalties associated with failing to renew a credential during the period of time the credential is valid by extension under subsection (b) of this section.

"(e) Motor Vehicle Taxes. - Notwithstanding any provision of law to the contrary, due dates for motor vehicle taxes that are tied to registration expiration under Article 22A of Chapter 105 of the General Statutes shall be extended to correspond with extended expiration dates under subsection (b) of this section.

"(f) Validity by Extension a Defense. - A person may not be convicted or found responsible for any offense resulting from failure to renew a credential issued by the Division if, when tried for that offense, the person shows that the offense occurred during the period of time the credential is valid by extension under subsection (b) of this section.

"(g) Report. - Within 30 days of the extensions made under subsection (b) of this section, the Division shall submit a report to the Joint Legislative Transportation Oversight Committee and the Fiscal Research Division detailing implementation of this section.

"(h) Effective Date. - This section is effective retroactively to March 1, 2020, and applies to expirations occurring on or after that date."

Session Laws 2020-3, s. 5, is a severability clause.

Session Laws 2020-97, s. 4.5, is a severability clause.

Effect of Amendments. - Session Laws, 2005-231, s. 11, effective July 28, 2005, inserted "of the General Statutes, or a campus police officer commissioned by the Attorney General under Chapter 74G of the General Statutes" in the first sentence of subdivision (f)(3).

Session Laws 2009-493, s. 2, effective January 1, 2010, and applicable to placards that are issued or renewed on or after that date, added the last three sentences in subsection (c).

Session Laws 2015-22, s. 1, effective July 1, 2015, substituted "shall be notified by the Division at the time the plate is issued that the applicant is also eligible to receive one removable windshield placard and, upon request, shall be issued a placard at that time" for "may also receive one removable windshield placard" in the last sentence in subsection (b). For applicability, see editor's note.

Session Laws 2015-29, s. 1, effective July 1, 2016, inserted "except for a person certified as totally and permanently disabled at the time of the initial application or a prior renewal under this subsection" in the fourth sentence of subsection (c1).

Session Laws 2016-25, ss. 1 and 2, effective June 22, 2016, substituted "of a licensed physician, a licensed ophthalmologist, a licensed optometrist, or the Division of Services for the Blind that the applicant is handicapped or by a disability determination by the United States Department of Veterans Affairs" for "of a licensed physician, ophthalmologist, or optometrist or of the Division of Services for the Blind" in the first sentence of subsection (c1); and substituted "under G.S. 20-79.4, or a partially disabled veteran registration plate issued under G.S. 20-79.4" for "under G.S. 20-79.4" at the end of subsection (e)(1).

Session Laws 2017-111, s. 1, effective July 12, 2017, in subsection (c1), substituted "Medical Certification" for Physician's Certification" in the subsection heading; inserted "a licensed physician assistant, a licensed nurse practitioner" in the first sentence; and added the second sentence.

Session Laws 2018-77, s. 4, effective June 25, 2018, inserted "provided that a medical certification shall not be required to renew any placard that expires after the person to whom it is issued is 80 years of age" in the next to last sentence of subsection (c1).

Session Laws 2019-199, s. 8, effective August 21, 2019, added the last sentence to subsection (d).

Session Laws 2019-213, s. 1(b), effective March 1, 2020, in subsection (b), deleted "Handicapped Car Owners" at the beginning, rewrote the first sentence, and added the last sentence; in subsection (c), deleted "Handicapped Drivers and Passengers" at the beginning; in subsection (c1), inserted "or a person in the applicant's custody or care" twice and inserted "except that a registered owner that certified pursuant to subsection (b) of this section that the registered owner is the guardian or parent of a handicapped person must recertify every five years."

§ 20-37.6A. Parking privileges for out-of-state handicapped drivers and passengers.

Any vehicle displaying an out-of-State handicapped license plate, placard, or other evidence of handicap issued by the appropriate authority of the appropriate jurisdiction may park in any space reserved for the handicapped pursuant to G.S. 20-37.6.

History

(1981, c. 48; 1991, c. 411, s. 3; 1991 (Reg. Sess., 1992), c. 1007, s. 31.)

§ 20-37.7. Special identification card.

1. Eligibility. - A person who is a resident of this State is eligible for a special identification card.
2. Application. - To obtain a special identification card from the Division, a person must complete the application form used to obtain a drivers license.
3. Search National Sex Offender Public Registry. - The Division shall not issue a special identification card to an applicant who has resided in this State for less than 12 months until the Division has searched the National Sex Offender Public Registry to determine if the person is currently registered as a sex offender in another state. The following applies in this subsection:
   1. If the Division finds that the person is currently registered as a sex offender in another state, the Division shall not issue a special identification card to the person until the person submits proof of registration pursuant to Article 27A of Chapter 14 of the General Statutes issued by the sheriff of the county where the person resides.
   2. If the person does not appear on the National Sex Offender Public Registry, the Division shall issue a special identification card but shall require the person to sign an affidavit acknowledging that the person has been notified that if the person is a sex offender, then the person is required to register pursuant to Article 27A of Chapter 14 of the General Statutes.
   3. If the Division is unable to access all states' information contained in the National Sex Offender Public Registry, but the person is otherwise qualified to obtain a special identification card, then the Division shall issue the card but shall first require the person to sign an affidavit stating that: (i) the person does not appear on the National Sex Offender Public Registry and (ii) acknowledging that the person has been notified that if the person is a sex offender, then the person is required to register pursuant to Article 27A of Chapter 14 of the General Statutes. The Division shall search the National Sex Offender Public Registry for the person within a reasonable time after access to the Registry is restored. If the person does appear in the National Sex Offender Public Registry, the person is in violation of G.S. 20-37.8, and the Division shall promptly notify the sheriff of the county where the person resides of the offense.
   4. Any person denied a special identification card by the Division pursuant to this subsection has a right to file a petition within 30 days thereafter for a hearing in the matter in the superior court of the county where the person resides, or to petition the resident judge of the district or judge holding the court of that district, or special or emergency judge holding a court in the district, and the court or judge is hereby vested with jurisdiction. The court or judge shall set the matter for hearing upon 30 days' written notice to the Division. At the hearing, the court or judge shall take testimony and examine the facts of the case and shall determine whether the petitioner is entitled to a special identification card under this subsection and whether the petitioner is in violation of G.S. 20-37.8.
4. Format. - A special identification card shall include a color photograph of the special identification card holder and shall be similar in size, shape, and design to a drivers license, but shall clearly state that it does not entitle the person to whom it is issued to operate a motor vehicle. A special identification card issued to an applicant must have the same background color that a drivers license issued to the applicant would have.
5. Expiration and Fee. - A special identification card issued to a person for the first time under this section expires when a drivers license issued on the same day to that person would expire. A special identification card renewed under this section expires when a drivers license renewed by the card holder on the same day would expire. The Division shall offer renewal of a special identification card in person and online on the Division's Web site.
   1. The applicant is legally blind.
   2. The applicant is at least 17 years old.
   3. The applicant has been issued a drivers license but the drivers license is cancelled under G.S. 20-15, in accordance with G.S. 20-9(e) and (g), as a result of a physical or mental disability or disease.
   4. The applicant is homeless. To obtain a special identification card without paying a fee, a homeless person must present a letter to the Division from the director of a facility that provides care or shelter to homeless persons verifying that the person is homeless.
   5. , (6) Repealed by Session Laws 2018-144, s. 1.3(a), effective December 19, 2018.
6. For a person who has a physician's letter certifying that a severe disability causes the person to be homebound, the Division shall adopt rules allowing for application for or renewal of a special photo identification card under this section by means other than a personal appearance.
7. Notwithstanding subsection (b) of this section, for a person whose valid drivers license, permit, or endorsement, is required to be seized or surrendered due to cancellation, disqualification, suspension, or revocation under applicable State law, the Division shall issue a special identification card to that person without application, if eligible to receive a special identification card, upon receipt by the Division of the seized or surrendered document. The Division shall issue and mail, via first-class mail to that person's address on file, a special identification card pursuant to this subsection at no charge.
8. Offense. - Any fraud or misrepresentation in the application for or use of a special identification card issued under this section is a Class 2 misdemeanor.
9. Records. - The Division shall maintain a record of all recipients of a special identification card.
10. No State Liability. - The fact of issuance of a special identification card pursuant to this section shall not place upon the State of North Carolina or any agency thereof any liability for the misuse thereof and the acceptance thereof as valid identification is a matter left entirely to the discretion of any person to whom such card is presented.
11. Advertising. - The Division may utilize the various communications media throughout the State to inform North Carolina residents of the provisions of this section.

The fee for a special identification card is the same as the fee set in G.S. 20-14 for a duplicate license. The fee does not apply to a special identification card issued to a resident of this State as follows:

(7) The applicant has a developmental disability. To obtain a special identification card without paying a fee pursuant to this subdivision, an applicant must present a letter from his or her primary care provider certifying that the applicant has a developmental disability. For purposes of this subdivision, the term "developmental disability" has the same meaning as in G.S. 122C-3.

History

(1973, c. 438, s. 1; 1975, c. 716, s. 5; 1979, c. 469, c. 667, s. 30; 1981, c. 673, ss. 1, 2; c. 690, s. 12; 1981 (Reg. Sess., 1982), c. 1257, s. 3; 1983, c. 443, s. 2; 1983 (Reg. Sess., 1984), c. 1062, s. 7; 1985, c. 141, s. 5; 1991, c. 689, s. 328; 1993, c. 368, s. 3; c. 490, ss. 1, 2; c. 539, s. 325; c. 553, s. 77; 1994, Ex. Sess., c. 24, s. 14(c); 1993 (Reg. Sess., 1994), c. 750, s. 2; 2006-247, s. 19(d); 2009-493, s. 3; 2013-233, ss. 1, 2; 2013-381, s. 3.1; 2016-80, s. 1; 2017-6, s. 3; 2018-142, s. 3(b); 2018-144, s. 1.3(a); 2020-17, s. 9.)

Recodification; Technical and Conforming Changes. - Session Laws 2017-6, s. 3, provides, in part: "The Revisor of Statutes shall recodify Chapter 138A of the General Statutes, Chapter 120C of the General Statutes, as well as Chapter 163 of the General Statutes, as amended by this act, into a new Chapter 163A of the General Statutes to be entitled 'Elections and Ethics Enforcement Act,' as enacted by Section 4 of this act. The Revisor may also recodify into the new Chapter 163A of the General Statutes other existing statutory laws relating to elections and ethics enforcement that are located elsewhere in the General Statutes as the Revisor deems appropriate." The Revisor was further authorized to make additional technical and conforming changes to catchlines, internal citations, and other references throughout the General Statutes to effectuate this recodification. Pursuant to this authority, the Revisor of Statutes substituted "163A-1145" for "163-166.13" and "163A-1389(13)" for "163-275(13)" in subdivisions (d)(5) and (6); and substituted "163A-883" for "163-82.19" in subdivision (d)(6).

Subdivisions (d)(5) and (6) were repealed by Session Laws 2018-144, s. 1.3(a), effective December 19, 2018.

Editor's Note. - Session Laws 1985, c. 141, s. 6 provides that the amendment thereby is effective September 1, 1986. Section 6 further provides that if the Congress of the United States repeals the mandate established by the Surface Transportation Assistance Act of 1982 relating to National Uniform Drinking Age of 21 as found in Section 6 of Public Law 98-363, or a court of competent jurisdiction declares the provision to be unconstitutional or otherwise invalid, then ss. 1, 2, 2.1, 4 and 5 of the act shall expire upon the certification of the Secretary of State that the federal mandate has been repealed or has been invalidated, and the statutes amended by ss. 1, 2, 2.1, 4 and 5 shall revert to the form they would have without the amendments made by these sections.

Session Laws 2013-233, s. 1, was codified as subsection (d1) of this section at the direction of the Revisor of Statutes.

Session Laws 2013-381, s. 6.2(6), provides: "At any primary and election between May 1, 2014, and January 1, 2016, any registered voter may present that voter's photo identification to the elections officials at the voting place but may not be required to do so. At each primary and election between May 1, 2014, and January 1, 2016, each voter presenting in person shall be notified that photo identification will be needed to vote beginning in 2016 and be asked if that voter has one of the forms of photo identification appropriate for voting. If that voter indicates he or she does not have one or more of the types of photo identification appropriate for voting, that voter shall be asked to sign an acknowledgment of the photo identification requirement and be given a list of types of photo identification appropriate for voting and information on how to obtain those types of photo identification. The list of names of those voters who signed an acknowledgment is a public record."

Session Laws 2013-381, s. 60.1, is a severability clause.

Session Laws 2016-80, s. 2, made subdivision (d)(7), as added by Session Laws 2016-80, s. 1, applicable to special identification cards issued on or after October 1, 2016.

Session Laws 2018-134, 3rd Ex. Sess., s. 1.1, provides: "This act shall be known as 'The Hurricane Florence Emergency Response Act.'"

Session Laws 2018-134, 3rd Ex. Sess., s. 5.5(a)-(c), provides: "(a) Notwithstanding G.S. 20-14, 20-37.7, 20-85, and 20-88.03, the Governor may waive any fees assessed by the Division of Motor Vehicles under those sections for the following:

"(1) A duplicate drivers license, duplicate commercial drivers license, or duplicate special identification card.

"(2) A special identification card issued to a person for the first time.

"(3) An application for a duplicate or corrected certificate of title.

"(4) A replacement registration plate.

"(5) An application for a duplicate registration card.

"(6) Late payment of a motor vehicle registration renewal fee.

"(b) The waiver authorized under subsection (a) of this section only applies to residents of counties impacted by Hurricane Florence, as determined by the Governor. A resident is allowed a refund of any fee assessed and collected by the Division of Motor Vehicles and waived pursuant to this section. The Division shall post notice of the availability of a refund on its Web site.

"(c) This section is effective when it becomes law and applies to fees assessed or collected on or after September 13, 2018. This section expires December 31, 2018."

Session Laws 2018-144, s. 1.3(b), provides: "The issuance of special identification cards without application for any person whose valid drivers license, permit, or endorsement is received by the Division upon seizure or surrender, as required by G.S. 20-37.7(d2), as enacted by this act, shall begin no later than May 1, 2019."

Session Laws 2019-4 provides in its preamble: "Whereas, in November 2018, the voters of North Carolina approved a constitutional amendment requiring every voter offering to vote in person to present photographic identification before voting; and

"Whereas, the approved constitutional amendment became effective upon certification of the November 6, 2018, election results; and

"Whereas, the General Assembly of North Carolina enacted S.L. 2018-144 in December 2018, setting forth the general laws governing the requirements of photographic identification for voting in person and the exceptions thereto, and setting forth a time line of implementation for the 2019 elections and thereafter; and

"Whereas, S.L. 2018-144 also contained reforms to the process of absentee voting by mail and those reforms require rule making and other implementation efforts from the State Board of Elections; and

"Whereas, in February 2019, the need for a special congressional election to fill a vacancy in the United States House of Representatives has arisen due to unforeseen circumstances, and the Governor has determined a schedule for such special election; and

"Whereas, in March 2019, the State Board of Elections issued an order to conduct a new election in a separate United States House of Representatives district and has determined a schedule for such new election; and

"Whereas, the schedule of the two additional elections generates concerns about the ability of the county boards of election and the State Board of Elections to ensure uniformity in the requirement to present photographic identification before voting in person; and

"Whereas, the absentee voting by mail reforms in S.L. 2018-144 require rule making and other administrative procedures on the part of the State Board of Elections which will not be completed prior to the two additional 2019 congressional elections; and

"Whereas, the State Board of Elections needs legislative clarity regarding absentee voting by mail in order to conduct the two additional 2019 congressional elections in an orderly fashion; Now, therefore,"

Session Laws 2019-4, s. 1(a), provides: "S.L. 2018 144 shall not apply to any election held in 2019 for which the filing period opens prior to the date set forth in Section 1.5(a)(8) of S.L. 2018 144."

Session Laws 2019-4, s. 1(b), provides: "Notwithstanding Section 1(a) of this act, all implementation and educational efforts set forth in S.L. 2018-144 during 2019 by the State and counties shall continue."

Session Laws 2020-3, s. 4.7(a)-(h), as amended by Session Laws 2020-97, ss. 3.15(a), 3.16(a), provides: "(a) Definition. - For purposes of this section, 'credential' means any of the following issued by the Division of Motor Vehicles:

"(1) Drivers license.

"(2) Learner's permit.

"(3) Limited learner's permit.

"(4) Limited provisional license.

"(5) Full provisional license.

"(6) Commercial drivers license.

"(7) Commercial learner's permit.

"(8) Temporary driving certificate.

"(9) Special identification card.

"(10) Handicapped placard.

"(11) Vehicle registration.

"(12) Temporary vehicle registration.

"(13) Dealer license plate.

"(14) Transporter plate.

"(15) Loaner/Dealer 'LD' plate.

"(16) Vehicle inspection authorization.

"(17) Inspection station license.

"(18) Inspection mechanic license.

"(19) Transportation network company permit.

"(20) Motor vehicle dealer license.

"(21) Sales representative license.

"(22) Manufacturer license.

"(23) Distributor license.

"(24) Wholesaler license.

"(25) Driver training school license.

"(26) Driver training school instructor license.

"(27) Professional housemoving license.

"(b) Extend Validity of Credentials. - Notwithstanding renewal, duration, or expiration provisions of G.S. 20-7, 20-11, 20-37.6, 20-37.7, 20-37.13, 20-50, 20-66, 20-79, 20-79.02, 20-79.2, 20-183.4B, 20-183.4D, 20-280.3, 20-288, 20-324, and 20-359, or any other provision of law to the contrary, the Division of Motor Vehicles shall extend for a period of five months the validity of any credential that expires on or after March 1, 2020, and before August 1, 2020. The Division shall extend for a period of five months the validity of any credential listed in subdivisions (6), (7), (9), (10), and (18) of subsection (a) of this section that expires on or after March 1, 2020, and before the date 30 days after the date the Governor (i) rescinds Executive Order No. 116 or (ii) issues another executive order lifting restrictions on Division of Motor Vehicles functions. Notwithstanding G.S. 20-37.13(h) and G.S. 20-37.13A(a), the Division of Motor Vehicles is authorized to waive the requirement that commercial drivers license and commercial learner's permit holders have a medical examination and certification, as required by federal law, consistent with any waiver of medical qualifications standards issued by the Federal Motor Carrier Safety Administration. A credential extended under this section shall expire five months from the date it otherwise expires as prescribed by law prior to this section. However, the subsequent expiration of a credential extended under this section shall occur on the date prescribed by law prior to this section without regard to the extension. The Division shall notify individuals affected by an extension granted under this section, including information on new expiration dates and how the extension affects subsequent renewal and expiration dates.

"(b1) Extension of Intrastate Medical Waivers. - Notwithstanding the limitation on duration of waivers in G.S. 20-37.13A(b), the Division of Motor Vehicles may extend for up to five months the validity of a medical waiver issued by the Division under G.S. 20-37.13A if the waiver expires on or after March 1, 2020, and before the date 30 days after the date the Governor (i) rescinds Executive Order No. 116 or (ii) issues another executive order lifting restrictions on Division of Motor Vehicles functions, and the Division's Medical Review Unit determines the extension is appropriate.

"(c) Driving Eligibility Certificates. - Notwithstanding G.S. 20-11(n)(3), a driving eligibility certificate dated on or after February 9, 2020, and before March 10, 2020, remains valid and may be accepted by the Division of Motor Vehicles to meet the requirements for a license or permit issued under G.S. 20-11 until 30 days after the date the Governor rescinds Executive Order No. 116 or the date the Division reopens all drivers license offices, whichever is earlier.

"(d) Waive Penalties. - Notwithstanding any provision of law to the contrary, the Division shall waive any fines, fees, or penalties associated with failing to renew a credential during the period of time the credential is valid by extension under subsection (b) of this section.

"(e) Motor Vehicle Taxes. - Notwithstanding any provision of law to the contrary, due dates for motor vehicle taxes that are tied to registration expiration under Article 22A of Chapter 105 of the General Statutes shall be extended to correspond with extended expiration dates under subsection (b) of this section.

"(f) Validity by Extension a Defense. - A person may not be convicted or found responsible for any offense resulting from failure to renew a credential issued by the Division if, when tried for that offense, the person shows that the offense occurred during the period of time the credential is valid by extension under subsection (b) of this section.

"(g) Report. - Within 30 days of the extensions made under subsection (b) of this section, the Division shall submit a report to the Joint Legislative Transportation Oversight Committee and the Fiscal Research Division detailing implementation of this section.

"(h) Effective Date. - This section is effective retroactively to March 1, 2020, and applies to expirations occurring on or after that date."

Session Laws 2020-3, s. 5, is a severability clause.

Session Laws 2020-97, s. 4.5, is a severability clause.

Effect of Amendments. - Session Laws 2006-247, s. 19(d), effective December 1, 2006, and applicable to all applications for a drivers license, learner's permit, instruction permit, or special identificaton card submitted on or after that date, added subsection (b1).

Session Laws 2009-493, s. 3, effective August 26, 2009, added "or who has been issued a drivers license but the drivers license is cancelled under G.S. 20-15, in accordance with G.S. 20-9(e) and (g), as a result of a physical or mental disability or disease" at the end of the second sentence in the second paragraph of subsection (d).

Session Laws 2013-233, ss. 1 and 2, effective July 1, 2014, added "including a color photograph of the special identification card holder and" in subsection (c); and added subsection (d1).

Session Laws 2013-381, s. 3.1, effective January 1, 2014, in subsection (d) inserted "as follows" at the end of the second paragraph and inserted the subdivision (d)(1) through (4) designations; in subdivision (d)(1), substituted "The applicant" for "who"; in subdivision (d)(2), inserted "The applicant"; in subdivision (d)(3), inserted the first sentence; and added subdivisions (d)(5) and (d)(6).

Session Laws 2016-80, s. 1, effective October 1, 2016, added subdivision (d)(7). See editor's note for applicability.

Session Laws 2018-142, s. 3(b), effective December 14, 2018, in subsection (b1), added "The following applies in this subsection:" at the end; rewrote subdivision (b1)(4); in subsection (c), inserted "shall" preceding "be similar in size"; and in subdivision (d)(3), deleted "or who" following "applicant."

Session Laws 2018-144, s. 1.3(a), effective December 19, 2018, in subdivision (d)(2), substituted "17 years old" for "70 years old" following "at least"; deleted subdivisions (d)(5) and (d)(6); and added subsection (d2).

Session Laws 2020-17, s. 9, effective June 12, 2020, added the last sentence in the first paragraph of subsection (d).

§ 20-37.8. Fraudulent use prohibited.

1. It shall be unlawful for any person to use a false or fictitious name or give a false or fictitious address in any application for a special identification card or knowingly to make a false statement or knowingly conceal a material fact or otherwise commit a fraud in any such application or to obtain or possess more than one such card for a fraudulent purpose or knowingly to permit or allow another to commit any of the foregoing acts.
2. It shall be unlawful for any person to present, display, or use a special identification card which contains a false or fictitious name in the commission or attempted commission of a felony.
3. A violation of subsection (a) of this section shall constitute a Class 2 misdemeanor. A violation of subsection (b) of this section shall constitute a Class I felony.

History

(1979, c. 603, s. 1; 1993, c. 539, s. 326; 1994, Ex. Sess., c. 24, s. 14(c); 1999-299, s. 2.)

§ 20-37.9. Notice of change of address or name.

1. Address. - A person whose address changes from the address stated on a special identification card must notify the Division of the change within 60 days after the change occurs. If the person's address changed because the person moved, the person must obtain a new special identification card within that time limit stating the new address. A person who does not move but whose address changes due to governmental action may not be charged with violating this subsection.
2. Name. - A person whose name changes from the name stated on a special identification card must notify the Division of the change within 60 days after the change occurs and obtain a new special identification card stating the new name.
3. Fee. - G.S. 20-37.7 sets the fee for a special identification card.

History

(1981, c. 521, s. 2; 1991, c. 689, s. 329; 1997-122, s. 6.)

§ 20-37.10. Title of Article.

This Article may be cited as the Commercial Driver License Act.

History

(1989, c. 771, s. 2.)

§ 20-37.11. Purpose.

The purpose of this Article is to implement the federal Commercial Motor Vehicle Safety Act of 1986, 49 U.S.C. Chapter 36, and reduce or prevent commercial motor vehicle accidents, fatalities, and injuries by:

1. Permitting commercial drivers to hold one license;
2. Disqualifying commercial drivers who have committed certain serious traffic violations, or other specified offenses; and
3. Strengthening commercial driver licensing and testing standards.

To the extent that this Article conflicts with general driver licensing provisions, this Article prevails. Where this Article is silent, the general driver licensing provisions apply.

History

(1989, c. 771, s. 2.)

§ 20-37.12. Commercial drivers license required.

1. On or after April 1, 1992, no person shall operate a commercial motor vehicle on the highways of this State unless he has first been issued and is in immediate possession of a commercial drivers license with applicable endorsements valid for the vehicle he is driving; provided, a person may operate a commercial motor vehicle after being issued and while in possession of a commercial driver learner's permit and while accompanied by the holder of a commercial drivers license valid for the vehicle being driven.
2. The out-of-service criteria as referred to in 49 C.F.R. Subchapter B apply to a person who drives a commercial motor vehicle. No person shall drive a commercial motor vehicle on the highways of this State in violation of an out-of-service order.
3. Repealed by Session Laws 1991, c. 726, s. 15.
4. Any person who is not a resident of this State, who has been issued a commercial drivers license by his state of residence, or who holds any license recognized by the federal government that grants the privilege of driving a commercial motor vehicle, who has that license in his immediate possession, whose privilege to drive any motor vehicle is not suspended, revoked, or cancelled, and who has not been disqualified from driving a commercial motor vehicle shall be permitted without further examination or licensure by the Division to drive a commercial motor vehicle in this State.
5. G.S. 20-7 sets the time period in which a new resident of North Carolina must obtain a license from the Division. The Commissioner may establish by rule the conditions under which the test requirements for a commercial drivers license may be waived for a new resident who is licensed in another state.
6. A person shall not be convicted of failing to carry a commercial drivers license if, by the date the person is required to appear in court for the violation, the person produces to the court a commercial drivers license issued to the person that was valid on the date of the offense.

History

(1989, c. 771, s. 2; 1991, c. 726, s. 15; 1997-122, s. 5; 1998-149, s. 4; 2003-397, s. 3; 2009-416, s. 5.)

Effect of Amendments. - Session Laws 2009-416, s. 5, effective March 31, 2010, and applicable to offenses committed on or after that date, inserted "or who holds any license recognized by the federal government that grants the privilege of driving a commercial motor vehicle" in subsection (d).

§ 20-37.13. Commercial drivers license qualification standards.

1. No person shall be issued a commercial drivers license unless the person meets all of the following requirements:
   1. Is a resident of this State.
   2. Is 21 years of age.
   3. Has passed a knowledge test and a skills test for driving a commercial motor vehicle that comply with minimum federal standards established by federal regulation enumerated in 49 C.F.R., Part 383, Subparts F, G, and H.
   4. Has satisfied all other requirements of the Commercial Motor Vehicle Safety Act in addition to other requirements of this Chapter or federal regulation.
   5. Has held a commercial learner's permit for a minimum of 14 days.
2. The Division may permit a person, including an agency of this or another state, an employer, a private driver training facility, or an agency of local government, to administer the skills test specified by this section, provided:
   1. The test is the same as that administered by the Division; and
   2. The third party has entered into an agreement with the Division which complies with the requirements of 49 C.F.R. § 383.75. The Division may charge a fee to applicants for third-party testing authority in order to investigate the applicants' qualifications and to monitor their program as required by federal law.
3. The Division shall allow a third party to administer a skills test for driving a commercial motor vehicle pursuant to subsection (b) of this section any day of the week.
4. Prior to October 1, 1992, the Division may waive the skills test for applicants licensed at the time they apply for a commercial drivers license if:
   1. For an application submitted by April 1, 1992, the applicant has not, and certifies that he or she has not, at any time during the two years immediately preceding the date of application done any of the following and for an application submitted after April 1, 1992, the applicant has not, and certifies that he or she has not, at any time during the two years preceding April 1, 1992:
      1. Had more than one drivers license, except during the 10-day period beginning on the date he or she is issued a drivers license, or unless, prior to December 31, 1989, he or she was required to have more than one license by a State law enacted prior to June 1, 1986;
      2. Had any drivers license or driving privilege suspended, revoked, or cancelled;
      3. Had any convictions involving any kind of motor vehicle for the offenses listed in G.S. 20-17 or had any convictions for the offenses listed in G.S. 20-17.4;
      4. Been convicted of a violation of State or local laws relating to motor vehicle traffic control, other than a parking violation, which violation arose in connection with any reportable traffic accident; or
      5. Refused to take a chemical test when charged with an implied consent offense, as defined in G.S. 20-16.2; and
   2. The applicant certifies, and provides satisfactory evidence, that he or she is regularly employed in a job requiring the operation of a commercial motor vehicle, and he or she either:
      1. Has previously taken and successfully completed a skills test that was administered by a state with a classified licensing and testing system and the test was behind the wheel in a vehicle representative of the class and, if applicable, the type of commercial motor vehicle for which the applicant seeks to be licensed; or
      2. Has operated for the relevant two-year period under subpart (1)a. of this subsection, a vehicle representative of the class and, if applicable, the type of commercial motor vehicle for which the applicant seeks to be licensed.
5. The Division may waive the skills test for any qualified military applicant at the time the applicant applies for a commercial drivers license if the applicant is currently licensed at the time of application and meets all of the following:
   1. The applicant has passed all required written knowledge exams.
   2. The applicant has not, and certifies that the applicant has not, at any time during the two years immediately preceding the date of application done any of the following:
      1. Had any drivers license or driving privilege suspended, revoked, or cancelled.
      2. Had any convictions involving any kind of motor vehicle for the offenses listed in G.S. 20-17 or had any convictions for the offenses listed in G.S. 20-17.4.
      3. Been convicted of a violation of military,  State, or local laws relating to motor vehicle traffic control, other than a parking violation, which violation arose in connection with any reportable traffic accident.
      4. Refused to take a chemical test when charged with an implied consent offense, as defined in G.S. 20-16.2.
      5. Had more than one drivers license, except for a drivers license issued by the military.
   3. The applicant certifies, and provides satisfactory evidence on the date of application, that the applicant is a retired, discharged, or current member of an active or reserve component of the Armed Forces of the United States and is regularly employed or was regularly employed within the one-year period immediately preceding the date of application in a military position requiring the operation of a commercial motor vehicle, and the applicant meets either of the following requirements:
      1. Repealed by Session Laws 2013-201, s. 1, effective June 26, 2013.
      2. Has operated for the two-year period immediately preceding the date of application a vehicle representative of the class and, if applicable, the type of commercial motor vehicle for which the applicant seeks to be licensed, and has taken and successfully completed a skills test administered by the military.
      3. For an applicant who is a retired or discharged member of an active or reserve component of the Armed Forces of the United States, the applicant (i) has operated for the two-year period immediately preceding the date of retirement or discharge a vehicle representative of the class and, if applicable, the type of commercial motor vehicle for which the applicant seeks to be licensed, and has taken and successfully completed a skills test administered by the military, (ii) has retired or received either an honorable or general discharge, and (iii) has retired or been discharged from the Armed Forces within the one-year period immediately preceding the date of application.
6. The one-year period referenced in subdivision (3) of subsection (c1) of this section applies unless a different period is provided by federal law. An applicant may provide his or her Form DD 214, "Certificate of Release or Discharge from Active Duty," and his or her drivers license issued by the military, to satisfy the certification required by subdivision (3) of subsection (c1) of this section. An applicant who is retired or discharged must provide a drivers license issued by the military that was valid at the time of his or her retirement or discharge when using the process in this subsection to satisfy the certification required by subdivision (3) of subsection (c1) of this section.
7. The Division may waive the knowledge and skills test for a qualified military applicant who has been issued a military license that authorizes the holder to operate a motor vehicle representative of the class and endorsements for which the applicant seeks to be licensed. The applicant must certify and provide satisfactory evidence on the date of application that the applicant meets all of the following requirements:
   1. The applicant is a current or former member of an active or reserve component of the Armed Forces of the United States and was issued a military license that authorized the applicant to operate a vehicle that is representative of the class and type of commercial motor vehicle for which the applicant seeks to be licensed and whose military occupational specialty or rating are eligible for waiver, as allowed by the Federal Motor Carrier Safety Administration.
   2. The applicant is or was, within the year prior to the date of application, regularly employed in a military position requiring operation of a motor vehicle representative of the class of commercial motor vehicle for which the applicant seeks to be licensed.
   3. The applicant meets the qualifications listed in subdivision (2) of subsection (c1) of this section.
8. A commercial drivers license or learner's permit shall not be issued to a person while the person is subject to a disqualification from driving a commercial motor vehicle, or while the person's drivers license is suspended, revoked, or cancelled in any state; nor shall a commercial drivers license be issued unless the person who has applied for the license first surrenders all other drivers licenses issued by the Division or by another state. If a person surrenders a drivers license issued by another state, the Division must return the license to the issuing state for cancellation.
9. A commercial learner's permit may be issued to an individual who holds a regular Class C drivers license and has passed the knowledge test for the class and type of commercial motor vehicle the individual will be driving. The permit is valid for a period not to exceed 180 days. The fee for a commercial driver learner's permit is the same as the fee set by G.S. 20-7 for a regular learner's permit.
10. Notwithstanding subsection (e) of this section, a commercial driver learner's permit with a P or S endorsement shall not be issued to any person who is required to register under Article 27A of Chapter 14 of the General Statutes.
11. The issuance of a commercial driver learner's permit is a precondition to the initial issuance of a commercial drivers license. The issuance of a commercial driver learner's permit is also a precondition to the upgrade of a commercial drivers license if the upgrade requires a skills test.
12. The Division shall promptly notify any driver who fails to meet the medical certification requirements in accordance with 49 C.F.R. § 383.71. The Division shall give the driver 60 days to provide the required documentation. If the driver fails to provide the required commercial drivers license medical certification documentation within the period allowed, the Division shall automatically downgrade a commercial drivers license to a class C regular drivers license.

For the purpose of skills testing and determining commercial drivers license classification, only the manufacturer's GVWR shall be used.

The tests shall be prescribed and conducted by the Division. Provided, a person who is at least 18 years of age may be issued a commercial drivers license if the person is exempt from, or not subject to, the age requirements of the federal Motor Carrier Safety Regulations contained in 49 C.F.R., Part 391, as adopted by the Division.

History

(1989, c. 771, s. 2; 1991, c. 726, s. 16; 1991 (Reg. Sess., 1992), c. 916, s. 1; 2005-349, s. 8; 2009-274, s. 4; 2009-491, s. 5; 2009-494, s. 1; 2011-183, s. 22; 2013-195, s. 1; 2013-201, s. 1; 2014-115, s. 28.5(a), (b); 2015-115, s. 1; 2016-90, s. 6(b); 2018-74, s. 9(a).)

Editor's Note. - Session Laws 2009-491, s. 7, provides in part: "This act [which aded subsection (f)] applies to persons whose initial registration under Article 27A of Chapter 14 of the General Statutes occurs on or after December 1, 2009, and to persons who are registered under Article 27A of Chapter 14 of the General Statutes prior to December 1, 2009, and continue to be registered on or after December 1, 2009. The criminal penalties enacted by this act apply to offenses occurring on or after December 1, 2009."

Session Laws 2016-90, s. 6(f), made the amendment to subsection (e) by Session Laws 2016-90, s. 6(b), applicable to offenses committed on or after January 1, 2017.

Session Laws 2020-3, s. 4.7(a)-(h), as amended by Session Laws 2020-97, ss. 3.15(a), 3.16(a), provides: "(a) Definition. - For purposes of this section, 'credential' means any of the following issued by the Division of Motor Vehicles:

"(1) Drivers license.

"(2) Learner's permit.

"(3) Limited learner's permit.

"(4) Limited provisional license.

"(5) Full provisional license.

"(6) Commercial drivers license.

"(7) Commercial learner's permit.

"(8) Temporary driving certificate.

"(9) Special identification card.

"(10) Handicapped placard.

"(11) Vehicle registration.

"(12) Temporary vehicle registration.

"(13) Dealer license plate.

"(14) Transporter plate.

"(15) Loaner/Dealer 'LD' plate.

"(16) Vehicle inspection authorization.

"(17) Inspection station license.

"(18) Inspection mechanic license.

"(19) Transportation network company permit.

"(20) Motor vehicle dealer license.

"(21) Sales representative license.

"(22) Manufacturer license.

"(23) Distributor license.

"(24) Wholesaler license.

"(25) Driver training school license.

"(26) Driver training school instructor license.

"(27) Professional housemoving license.

"(b) Extend Validity of Credentials. - Notwithstanding renewal, duration, or expiration provisions of G.S. 20-7, 20-11, 20-37.6, 20-37.7, 20-37.13, 20-50, 20-66, 20-79, 20-79.02, 20-79.2, 20-183.4B, 20-183.4D, 20-280.3, 20-288, 20-324, and 20-359, or any other provision of law to the contrary, the Division of Motor Vehicles shall extend for a period of five months the validity of any credential that expires on or after March 1, 2020, and before August 1, 2020. The Division shall extend for a period of five months the validity of any credential listed in subdivisions (6), (7), (9), (10), and (18) of subsection (a) of this section that expires on or after March 1, 2020, and before the date 30 days after the date the Governor (i) rescinds Executive Order No. 116 or (ii) issues another executive order lifting restrictions on Division of Motor Vehicles functions. Notwithstanding G.S. 20-37.13(h) and G.S. 20-37.13A(a), the Division of Motor Vehicles is authorized to waive the requirement that commercial drivers license and commercial learner's permit holders have a medical examination and certification, as required by federal law, consistent with any waiver of medical qualifications standards issued by the Federal Motor Carrier Safety Administration. A credential extended under this section shall expire five months from the date it otherwise expires as prescribed by law prior to this section. However, the subsequent expiration of a credential extended under this section shall occur on the date prescribed by law prior to this section without regard to the extension. The Division shall notify individuals affected by an extension granted under this section, including information on new expiration dates and how the extension affects subsequent renewal and expiration dates.

"(b1) Extension of Intrastate Medical Waivers. - Notwithstanding the limitation on duration of waivers in G.S. 20-37.13A(b), the Division of Motor Vehicles may extend for up to five months the validity of a medical waiver issued by the Division under G.S. 20-37.13A if the waiver expires on or after March 1, 2020, and before the date 30 days after the date the Governor (i) rescinds Executive Order No. 116 or (ii) issues another executive order lifting restrictions on Division of Motor Vehicles functions, and the Division's Medical Review Unit determines the extension is appropriate.

"(c) Driving Eligibility Certificates. - Notwithstanding G.S. 20-11(n)(3), a driving eligibility certificate dated on or after February 9, 2020, and before March 10, 2020, remains valid and may be accepted by the Division of Motor Vehicles to meet the requirements for a license or permit issued under G.S. 20-11 until 30 days after the date the Governor rescinds Executive Order No. 116 or the date the Division reopens all drivers license offices, whichever is earlier.

"(d) Waive Penalties. - Notwithstanding any provision of law to the contrary, the Division shall waive any fines, fees, or penalties associated with failing to renew a credential during the period of time the credential is valid by extension under subsection (b) of this section.

"(e) Motor Vehicle Taxes. - Notwithstanding any provision of law to the contrary, due dates for motor vehicle taxes that are tied to registration expiration under Article 22A of Chapter 105 of the General Statutes shall be extended to correspond with extended expiration dates under subsection (b) of this section.

"(f) Validity by Extension a Defense. - A person may not be convicted or found responsible for any offense resulting from failure to renew a credential issued by the Division if, when tried for that offense, the person shows that the offense occurred during the period of time the credential is valid by extension under subsection (b) of this section.

"(g) Report. - Within 30 days of the extensions made under subsection (b) of this section, the Division shall submit a report to the Joint Legislative Transportation Oversight Committee and the Fiscal Research Division detailing implementation of this section.

"(h) Effective Date. - This section is effective retroactively to March 1, 2020, and applies to expirations occurring on or after that date."

Session Laws 2020-3, s. 5, is a severability clause.

Session Laws 2020-97, s. 4.5, is a severability clause.

Effect of Amendments. - Session Laws 2005-349, s. 8, effective September 30, 2005, in subsection (a), substituted "Subparts F, G and H" for "Subparts G and H" at the end of subdivision (a)(3), and added the next-to-last paragraph of the subsection.

Session Laws 2009-274, s. 4, effective July 10, 2009, and applicable to all licenses expiring on or after that date, substituted "Armed Forces" for "armed forces" in subdivision (c1)(3).

Session Laws 2009-494, s. 1, effective January 1, 2010, and applicable to any commercial drivers license issued on or after that date, added subsection (c1).

Session Laws 2011-183, s. 22, effective June 20, 2011, in subsections (a) and (d), made minor stylistic changes; throughout subsection (c), inserted "or she" following "he"; and in subdivision (c1)(3), substituted "component of the Armed Forces of the United States" for "component of a branch of the United States Armed Forces."

Session Laws 2013-195, s. 1, effective July 1, 2013, added subsection (b1).

Session Laws 2013-201, s. 1, effective June 26, 2013, in subsection (c1), substituted "any qualified military applicant" for "applicants" and "the applicant applies" for "they apply," and inserted "is currently licensed at the time of application and"; added sub-subdivision (c1)(2)e.; in subdivision (c1)(3), inserted "retired, discharged, or current" and "or was regularly employed within the 90-day period immediately preceding the date of application," and substituted "military position" for "job" and "meets either of the following requirements" for "either"; deleted sub-subdivision (c1)(3)a.; added sub-subdivision (c1)(3)c.; and made minor punctuation and stylistic changes in sub-subdivisions (c1)(2)a. through (c1)(2)c.

Session Laws 2014-115, s. 28.5(a), effective August 11, 2014, in subsection (a), added "meets all of the following requirements" to the introductory paragraph; added subdivision (a)(5); added subsections (g) and (h); and made minor, stylistic changes.

Session Laws 2015-115, s. 1, effective June 24, 2015, substituted "one-year" for "90-day" in subdivisions (c1)(3) and (c1)(3)(c); and added subsection (c2).

Session Laws 2016-90, s. 6(b), effective January 1, 2017, in subsection (e), deleted "driver" following "A commercial" near the beginning of the first sentence, substituted "180 days" for "six months and may be renewed or reissued only once within a two year period" at the end of the second sentence, and deleted the former fourth sentence, which read: "G.S. 20-7(m) governs the issuance of a restricted instruction permit for a prospective school bus driver" from the end of the subsection. See editor's note for applicability.

Session Laws 2018-74, s. 9(a), effective October 1, 2018, added subsection (c3).

§ 20-37.13A. Medical qualifications standards; waiver for intrastate drivers.

1. Medical Qualifications Standards Applicable to Commercial Drivers. - All commercial drivers license holders and applicants for commercial drivers licenses must meet the medical qualifications standards set forth in 49 C.F.R. § 391.41. As allowed under G.S. 20-9(g)(4)h., the Division may release information it deems necessary to any other State or federal government agency for purposes of determining an individual's ability to safely operate a commercial motor vehicle or to obtain a commercial drivers license.
2. Intrastate Medical Waiver. - Any person unable to meet the standards in 49 C.F.R. § 391.41, as adopted by the Division, may apply for a medical waiver that, if approved, will authorize intrastate operation of a commercial motor vehicle. Applications for the medical waiver must be submitted to the Division in writing. Waivers may be granted for no more than two years.
3. Intrastate Operation Subject to Waiver. - Any person granted an intrastate commercial drivers license medical waiver is permitted to maintain a commercial drivers license and operate a commercial motor vehicle in intrastate commerce subject to the following conditions:
   1. The commercial drivers license must display a restriction to signify it is only valid for intrastate operation.
   2. The holder of the license must submit to medical recertification at intervals set by the Division.
   3. The holder of the license must timely submit all documentation required by the Division.
   4. Failure to meet any condition within the time period allowed will result in an automatic downgrade of the license holder's commercial drivers license to a Class C regular drivers license.

History

(2016-90, s. 6(e); 2018-74, s. 10(c).)

Editor's Note. - Session Laws 2016-90, s. 6(f), made this section effective January 1, 2017, and applicable to offenses committed on or after that date.

Session Laws 2020-3, s. 4.7(a)-(h), as amended by Session Laws 2020-97, ss. 3.15(a), 3.16(a), provides: "(a) Definition. - For purposes of this section, 'credential' means any of the following issued by the Division of Motor Vehicles:

"(1) Drivers license.

"(2) Learner's permit.

"(3) Limited learner's permit.

"(4) Limited provisional license.

"(5) Full provisional license.

"(6) Commercial drivers license.

"(7) Commercial learner's permit.

"(8) Temporary driving certificate.

"(9) Special identification card.

"(10) Handicapped placard.

"(11) Vehicle registration.

"(12) Temporary vehicle registration.

"(13) Dealer license plate.

"(14) Transporter plate.

"(15) Loaner/Dealer 'LD' plate.

"(16) Vehicle inspection authorization.

"(17) Inspection station license.

"(18) Inspection mechanic license.

"(19) Transportation network company permit.

"(20) Motor vehicle dealer license.

"(21) Sales representative license.

"(22) Manufacturer license.

"(23) Distributor license.

"(24) Wholesaler license.

"(25) Driver training school license.

"(26) Driver training school instructor license.

"(27) Professional housemoving license.

"(b) Extend Validity of Credentials. - Notwithstanding renewal, duration, or expiration provisions of G.S. 20-7, 20-11, 20-37.6, 20-37.7, 20-37.13, 20-50, 20-66, 20-79, 20-79.02, 20-79.2, 20-183.4B, 20-183.4D, 20-280.3, 20-288, 20-324, and 20-359, or any other provision of law to the contrary, the Division of Motor Vehicles shall extend for a period of five months the validity of any credential that expires on or after March 1, 2020, and before August 1, 2020. The Division shall extend for a period of five months the validity of any credential listed in subdivisions (6), (7), (9), (10), and (18) of subsection (a) of this section that expires on or after March 1, 2020, and before the date 30 days after the date the Governor (i) rescinds Executive Order No. 116 or (ii) issues another executive order lifting restrictions on Division of Motor Vehicles functions. Notwithstanding G.S. 20-37.13(h) and G.S. 20-37.13A(a), the Division of Motor Vehicles is authorized to waive the requirement that commercial drivers license and commercial learner's permit holders have a medical examination and certification, as required by federal law, consistent with any waiver of medical qualifications standards issued by the Federal Motor Carrier Safety Administration. A credential extended under this section shall expire five months from the date it otherwise expires as prescribed by law prior to this section. However, the subsequent expiration of a credential extended under this section shall occur on the date prescribed by law prior to this section without regard to the extension. The Division shall notify individuals affected by an extension granted under this section, including information on new expiration dates and how the extension affects subsequent renewal and expiration dates.

"(b1) Extension of Intrastate Medical Waivers. - Notwithstanding the limitation on duration of waivers in G.S. 20-37.13A(b), the Division of Motor Vehicles may extend for up to five months the validity of a medical waiver issued by the Division under G.S. 20-37.13A if the waiver expires on or after March 1, 2020, and before the date 30 days after the date the Governor (i) rescinds Executive Order No. 116 or (ii) issues another executive order lifting restrictions on Division of Motor Vehicles functions, and the Division's Medical Review Unit determines the extension is appropriate.

"(c) Driving Eligibility Certificates. - Notwithstanding G.S. 20-11(n)(3), a driving eligibility certificate dated on or after February 9, 2020, and before March 10, 2020, remains valid and may be accepted by the Division of Motor Vehicles to meet the requirements for a license or permit issued under G.S. 20-11 until 30 days after the date the Governor rescinds Executive Order No. 116 or the date the Division reopens all drivers license offices, whichever is earlier.

"(d) Waive Penalties. - Notwithstanding any provision of law to the contrary, the Division shall waive any fines, fees, or penalties associated with failing to renew a credential during the period of time the credential is valid by extension under subsection (b) of this section.

"(e) Motor Vehicle Taxes. - Notwithstanding any provision of law to the contrary, due dates for motor vehicle taxes that are tied to registration expiration under Article 22A of Chapter 105 of the General Statutes shall be extended to correspond with extended expiration dates under subsection (b) of this section.

"(f) Validity by Extension a Defense. - A person may not be convicted or found responsible for any offense resulting from failure to renew a credential issued by the Division if, when tried for that offense, the person shows that the offense occurred during the period of time the credential is valid by extension under subsection (b) of this section.

"(g) Report. - Within 30 days of the extensions made under subsection (b) of this section, the Division shall submit a report to the Joint Legislative Transportation Oversight Committee and the Fiscal Research Division detailing implementation of this section.

"(h) Effective Date. - This section is effective retroactively to March 1, 2020, and applies to expirations occurring on or after that date."

Session Laws 2020-3, s. 5, is a severability clause.

Session Laws 2020-97, s. 4.5, is a severability clause.

Effect of Amendments. - Session Laws 2018-74, s. 10(c), effective July 1, 2018, added the last sentence of subsection (a).

§ 20-37.14. Nonresident commercial driver license.

The Division may issue a nonresident commercial driver license (NRCDL) to a resident of a foreign jurisdiction if the United States Secretary of Transportation has determined that the commercial motor vehicle testing and licensing standards in the foreign jurisdiction do not meet the testing standards established in 49 C.F.R., Part 383. The word "Nonresident" must appear on the face of the NRCDL. An applicant must surrender any NRCDL issued by another state. Prior to issuing a NRCDL, the Division shall establish the practical capability of revoking, suspending, or cancelling the NRCDL and disqualifying that person with the same conditions applicable to the commercial driver license issued to a resident of this State.

History

(1989, c. 771, s. 2.)

§ 20-37.14A. Prohibit issuance or renewal of certain categories of commercial drivers licenses to sex offenders.

1. Effective December 1, 2009, the Division shall not issue or renew a commercial drivers license with a P or S endorsement to any person who is required to register under Article 27A of Chapter 14 of the General Statutes.
2. The Division shall not issue a commercial drivers license with a P or S endorsement to an applicant until the Division has searched both the statewide registry and the National Sex Offender Public Registry to determine if the person is currently registered as a sex offender in North Carolina or another state.
   1. If the Division finds that the person is currently registered as a sex offender in either North Carolina or another state, the Division, in compliance with subsection (a) of this section, shall not issue a commercial drivers license with a P or S endorsement to the person.
   2. If the Division is unable to access either the statewide registry or all of the states' information contained in the National Sex Offender Public Registry, but the person is otherwise qualified to obtain a commercial drivers license with a P or S endorsement, then the Division shall issue the commercial drivers license with the P or S endorsement but shall first require the person to sign an affidavit stating that the person does not appear on either the statewide registry or the National Sex Offender Public Registry. The Division shall search the statewide registry and the National Sex Offender Public Registry for the person within a reasonable time after access to the statewide registry or the National Sex Offender Public Registry is restored. If the person does appear in either registry, the person is in violation of this section, and the Division shall immediately cancel the commercial drivers license and shall promptly notify the sheriff of the county where the person resides of the offense.
   3. Any person denied a commercial license with a P or S endorsement or who is disqualified from driving a commercial motor vehicle that requires a commercial drivers license with a P or S endorsement by the Division pursuant to this subsection shall have a right to file a petition within 30 days thereafter for a hearing in the matter, in the superior court of the county where the person resides, or to the resident judge of the district or judge holding the court of that district, or special or emergency judge holding a court in such district. The court or judge is vested with jurisdiction to hear the petition, and it shall be the duty of the judge or court to set the matter for hearing upon 30 days' written notice to the Division, and thereupon to take testimony and examine into the facts of the case and to determine whether the petitioner is entitled to a commercial drivers license with a P or S endorsement under the provisions of this subsection.
3. Any person who makes a false affidavit, or who knowingly swears or affirms falsely, to any matter or thing required by the terms of this section to be affirmed to or sworn is guilty of a Class I felony.

History

(2009-491, s. 6.)

Editor's Note. - Session Laws 2009-491, s. 7, provides: "This act becomes effective December 1, 2009. This act applies to persons whose initial registration under Article 27A of Chapter 14 of the General Statutes occurs on or after December 1, 2009, and to persons who are registered under Article 27A of Chapter 14 of the General Statutes prior to December 1, 2009, and continue to be registered on or after December 1, 2009. The criminal penalties enacted by this act apply to offenses occurring on or after December 1, 2009."

§ 20-37.15. Application for commercial drivers license.

1. An application for a commercial drivers license must include the information required by G.S. 20-7 for a regular drivers license and a consent to release driving record information.
2. The application must be accompanied by a nonrefundable application fee of forty dollars ($40.00). This fee does not apply in any of the following circumstances:
   1. When an individual surrenders a commercial driver learner's permit issued by the Division when submitting the application.
   2. When the application is to renew a commercial drivers license issued by the Division.
3. When the holder of a commercial drivers license changes his name or residence address, an application for a duplicate shall be made as provided in G.S. 20-7.1 and a fee paid as provided in G.S. 20-14.

This fee shall entitle the applicant to three attempts to pass the written knowledge test without payment of a new fee. No application fee shall be charged to an applicant eligible for a waiver under G.S. 20-37.13(c).

History

(1989, c. 771, s. 2; 1991, c. 726, s. 17; 1993 (Reg. Sess., 1994), c. 750, s. 3; 2005-276, s. 44.1(f); 2015-241, s. 29.30(f).)

Editor's Note. - Session Laws 2015-241, s. 29.30(u), made the amendment to subsection (a1) of this section by Session Laws 2015-241, s. 29.30(f), applicable to issuances, renewals, restorations, and requests on or after January 1, 2016.

Effect of Amendments. - Session Laws 2005-276, s. 44.1(f), effective October 1, 2005, and applicable to fees collected on or after that date, substituted "thirty dollars ($30.00)" for "twenty dollars ($20.00)" in the introductory paragraph of subsection (a1).

Session Laws 2015-241, s. 29.30(f), effective January 1, 2016, substituted "forty dollars ($40.00)" for "thirty dollars ($30.00)" in first sentence of the introductory language of subsection (a1). For applicability, see editor's note.

§ 20-37.16. Content of license; classifications and endorsements; fees.

1. A commercial drivers license must be marked "Commercial Drivers License" or "CDL" and must contain the information required by G.S. 20-7 for a regular drivers license.
2. The classes of commercial drivers licenses are:
   1. Class A CDL - A Class A commercial drivers license authorizes the holder to drive any Class A motor vehicle.
   2. Class B CDL - A Class B commercial drivers license authorizes the holder to drive any Class B motor vehicle.
   3. Class C CDL - A Class C commercial drivers license authorizes the holder to drive any Class C motor vehicle.
3. Endorsements. - The endorsements required to drive certain motor vehicles are as follows:
4. Expired.
5. Expiration of H and X Endorsements. - Hazardous materials endorsements shall be renewed every five years or less so that individuals subject to a Transportation Security Administration security screening required pursuant to 49 C.F.R. § 383.141 may receive the screening and be authorized to renew the endorsements of H or X to transport hazardous materials. Notwithstanding G.S. 20-7(f), a commercial drivers license that contains an H or X endorsement as defined in subsection (c) of this section shall expire on the date of expiration of the licensee's security threat assessment conducted by the Transportation Security Administration of the United States Department of Homeland Security. When the commercial drivers license also contains an S endorsement and the licensee is certified to drive a school bus in this State, the commercial drivers license shall expire as provided in G.S. 20-7(f). The H and X endorsements on a commercial drivers license shall expire when the commercial drivers license expires.
6. The fee for a Class A, B, or C commercial drivers license is twenty dollars ($20.00) for each year of the period for which the license is issued. The fee for each endorsement is four dollars ($4.00) for each year of the period for which the endorsement is issued. The fees required under this section do not apply to employees of the Driver License Section of the Division who are designated by the Commissioner.
7. The requirements for a commercial drivers license do not apply to vehicles used for personal use such as recreational vehicles. A commercial drivers license is also waived for the following classes of vehicles as permitted by regulation of the United States Department of Transportation:
   1. Vehicles owned or operated by the Department of Defense, including the National Guard, while they are driven by active duty military personnel, or members of the National Guard when on active duty, in the pursuit of military purposes.
   2. Any vehicle when used as firefighting or emergency equipment for the purpose of preserving life or property or to execute governmental functions, including, but not limited to, necessary maintenance, training, or required operation for official business of the department.
   3. A farm vehicle that meets all of the following criteria:
      1. Is controlled and operated by the farmer or the farmer's employee and used exclusively for farm use.
      2. Is used to transport either agricultural products, farm machinery, or farm supplies, both to or from a farm.
      3. Is not used in the operations of a for-hire motor carrier.
      4. Is used within 150 miles of the farmer's farm.
8. For the purposes of this section, the term "school bus" has the same meaning as in 49 C.F.R. § 383.5.

Endorsement Vehicles That Can Be Driven H Vehicles, regardless of size or class, except tank vehicles, when transporting hazardous materials that require the vehicle to be placarded M Motorcycles N Tank vehicles not carrying hazardous materials P Vehicles carrying passengers S School bus T Double trailers X Tank vehicles carrying hazardous materials.

To qualify for any of the above endorsements, an applicant shall pass a knowledge test. To obtain an H or an X endorsement, an applicant must take a test. This requirement applies when a person first obtains an H or an X endorsement and each time a person renews an H or an X endorsement. An applicant who has an H or an X endorsement issued by another state who applies for an H or an X endorsement must take a test unless the person has passed a test that covers the information set out in 49 C.F.R. § 383.121 within the preceding two years. For purposes of this subsection, the term "motorcycle" shall not include autocycles. Autocycles shall be subject to the requirements under this section for motor vehicles.

A farm vehicle includes a forestry vehicle that meets the listed criteria when applied to the forestry operation.

History

(1989, c. 771, s. 2; 1991, c. 726, s. 18; 1993, c. 368, s. 4; 1993 (Reg. Sess., 1994), c. 750, ss. 4, 6; 1995 (Reg. Sess., 1996), c. 695, s. 1; c. 756, s. 5; 1998-149, s. 5; 2003-397, ss. 4, 5; 2005-276, s. 44.1(g); 2005-349, s. 9; 2011-228, s. 1; 2012-85, s. 3; 2015-163, s. 3; 2015-241, s. 29.30(g); 2018-74, s. 15.)

Editor's Note. - Session Laws 1993, c. 368, which amended this section, in s. 5 provides: "A drivers license or a special identification card issued by the Division of Motor Vehicles before January 1, 1995, and renewed by the Division after that date is considered the first drivers license or special identification card issued by the Division for purposes of determining when the license or card expires."

Session Laws 2003-397, s. 7, provides, in part, that s. 5, which added subsection (c1), expires September 30, 2005.

Session Laws 2011-228, s. 2, as amended by Session Laws 2012-85, s. 3, provides: "This act becomes effective on the later of the following dates and applies to endorsements issued for commercial drivers licenses issued on or after that date:

"(1) January 1, 2013.

"(2) The first day of a month that is 30 days after the Commissioner of Motor Vehicles certifies to the Revisor of Statutes that the Division of Motor Vehicles has completed the implementation of the Division's Next Generation Secure Driver License System." On August 21, 2019, the Commissioner of Motor Vehicles certified to the Revisor of Statutes that the Next Generation Secure Driver License System was fully implemented in January 2016.

Session Laws 2012-85, s. 12, provides: "When the Division of Motor Vehicles has completed the implementation of the Division's Next Generation Secure Driver License System, the Commissioner of Motor Vehicles shall certify to the Revisor of Statutes that the Division of Motor Vehicles has completed the implementation. When making the certification, the Commissioner of Motor Vehicles shall reference S.L. 2011-35, S.L. 2011-228, and the session law number of this act." On August 21, 2019, the Commissioner of Motor Vehicles certified to the Revisor of Statutes that the Next Generation Secure Driver License System was fully implemented in January 2016.

Session Laws 2015-241, s. 29.30(u), made the amendment to subsection (d) of this section by Session Laws 2015-241, s. 29.30(g), applicable to issuances, renewals, restorations, and requests on or after January 1, 2016.

Session Laws 2015-241, s. 1.1, provides: "This act shall be known as 'The Current Operations and Capital Improvements Appropriations Act of 2015.'"

Session Laws 2015-241, s. 33.6, is a severability clause.

Effect of Amendments. - Session Laws 2003-397, ss. 4 and 5, effective October 1, 2003, in the table in subsection (c), inserted "S" under the "Endorsement" column and inserted "School bus" under the "Vehicles That Can Be Driven column"; inserted subsection (c1); in the last sentence of subsection (d), deleted "a person whose license is restricted to driving a school bus or school activity bus or to" following "do not apply to"; and added subsection (f). See Editor's note for expiration of s. 5 of Laws 2003-397.

Session Laws 2005-276, s. 44.1(g), effective October 1, 2005, and applicable to fees collected on or after that date, substituted "fifteen dollars ($15.00)" for "ten dollars ($10.00)" and "three dollars ($3.00)" for "one dollar and twenty-five cents ($1.25)" in subsection (d).

Session Laws 2005-349, s. 9, effective September 30, 2005, and applicable to offenses committed on or after that date, added the first sentence of the paragraph following the table in subsection (c).

Session Laws 2011-228, s. 1, added subsection (c2). For effective date, see Editor's note.

Session Laws 2015-163, s. 3, effective October 1, 2015, added the last two sentences of the second paragraph in subsection (c).

Session Laws 2015-241, s. 29.30(g), effective January 1, 2016, in subsection (d), substituted "twenty dollars ($20.00)" for "fifteen dollars ($15.00)" in first sentence and substituted "four dollars ($4.00)" for "three dollars ($3.00)" in the second sentence. For applicability, see editor's note.

Session Laws 2018-74, s. 15, effective July 1, 2018, inserted "including, but not limited to, necessary maintenance, training, or required operation for official business of the department" in subdivision (c)(2).

Opinions of Attorney General

Private carriers operated by drivers employed in logging operations are entitled to the exemption for "farm" vehicles under G.S. 20-37.16(e)(3) if agricultural or forest products being transported were raised and grown by farmer/forester and he does not engage in business of buying products for resale. Then he and his employees could transport such forest products within 150 miles of farm in vehicles not used in common or contract motor carrier operations without obtaining commercial driver's license. Conversely, if forest products were not raised and grown by forester, or he engages in buying of forest products for resale, transporting of those products by him or his employees would not be exempt from commercial driver's license requirements for, as to those forest products, forester was not a farmer. See opinion of Attorney General to Rep. Beverly M. Purdue, 3rd District: Craven, Lenoir, Pamlico Counties, 60 N.C.A.G. 30 (1990).

§ 20-37.17. Record check and notification of license issuance.

Before issuing a commercial driver license, the Division shall obtain driving record information from the Commercial Driver License Information System (CDLIS), the National Driver Register, and from each state in which the person has been licensed.

Within 10 days after issuing a commercial driver license, the Division shall notify CDLIS of the issuance of the commercial driver license, providing all information necessary to ensure identification of the person.

History

(1989, c. 771, s. 2.)

§ 20-37.18. Notification required by driver.

1. Any driver holding a commercial driver license issued by this State who is convicted of violating any State law or local ordinance relating to motor vehicle traffic control in any other state, other than parking violations, shall notify the Division in the manner specified by the Division within 30 days of the date of the conviction.
2. Any driver holding a commercial driver license issued by this State who is convicted of violating any State law or local ordinance relating to motor vehicle traffic control in this or any other state, other than parking violations, shall notify his employer in writing of the conviction within 30 days of the date of conviction.
3. Any driver whose commercial driver license is suspended, revoked, or cancelled by any state, or who loses the privilege to drive a commercial motor vehicle in any state for any period, including being disqualified from driving a commercial motor vehicle, or who is subject to an out-of-service order, shall notify his employer of that fact before the end of the business day following the day the driver received notice of that fact.
4. Any person who applies to be a commercial motor vehicle driver shall provide the employer, at the time of the application, with the following information for the 10 years preceding the date of application:
   1. A list of the names and addresses of the applicant's previous employers for which the applicant was a driver of a commercial motor vehicle;
   2. The dates between which the applicant drove for each employer; and
   3. The reason for leaving that employer.

The applicant shall certify that all information furnished is true and complete. Any employer may require an applicant to provide additional information.

History

(1989, c. 771, s. 2.)

§ 20-37.19. Employer responsibilities.

1. Each employer shall require the applicant to provide the information specified in G.S. 20-37.18(c).
2. No employer shall knowingly allow, permit, or authorize a driver to drive a commercial motor vehicle during any period:
   1. In which the driver has had his commercial driver license suspended, revoked, or cancelled by any state, is currently disqualified from driving a commercial vehicle, or is subject to an out-of-service order in any state; or
   2. In which the driver has more than one driver license; [or]
   3. In which the driver, the commercial motor vehicle being operated, or the motor carrier operation, is subject to an out-of-service order.
3. The employer of any employee or applicant who tests positive or of any employee who refuses to participate in a drug or alcohol test required under 49 C.F.R. Part 382 and 49 C.F.R. Part 655 must notify the Division in writing within five business days following the employer's receipt of confirmation of a positive drug or alcohol test or of the employee's refusal to participate in the test. The notification must include the driver's name, address, drivers license number, social security number, and results of the drug or alcohol test or documentation from the employer of the refusal by the employee to take the test.

History

(1989, c. 771, s. 2; 2005-156, s. 1; 2007-492, s. 2; 2009-416, s. 6.)

Effect of Amendments. - Session Laws 2005-156, s. 1, effective December 1, 2005, added subsection (c).

Session Laws 2007-492, s. 2, effective August 30, 2007, rewrote subsection (c).

Session Laws 2009-416, s. 6, effective March 31, 2010 and applicable to offenses committed on or after that date, added subdivision (b)(3).

§ 20-37.20. Notification of traffic convictions.

1. Out-of-state Resident. - Within 10 days after receiving a report of the conviction of any nonresident holder of a commercial driver license for any violation of State law or local ordinance relating to motor vehicle traffic control, other than parking violations, committed in a commercial vehicle, the Division shall notify the driver licensing authority in the licensing state of the conviction.
2. Foreign Diplomat. - The Division must notify the United States Department of State within 15 days after it receives one or more of the following reports for a holder of a drivers license issued by the United States Department of State:
   1. A report of a conviction for a violation of State law or local ordinance relating to motor vehicle traffic control, other than parking violations.
   2. A report of a civil revocation order.

History

(1989, c. 771, s. 2; 2001-498, s. 7; 2002-159, s. 31; 2006-209, s. 7.)

Effect of Amendments. - Session Laws 2001-498, s. 7, inserted the subsection designation and catchline for subsection (a), and added subsection (b). For effective date of this amendment, see editor's note.

§ 20-37.20A. Driving record notation for testing positive in a drug or alcohol test.

Upon receipt of notice pursuant to G.S. 20-37.19(c) of positive result in an alcohol or drug test of a person holding a commercial drivers license, and subject to any appeal of the disqualification pursuant to G.S. 20-37.20B, the Division shall place a notation on the driving record of the driver. A notation of a disqualification pursuant to G.S. 20-17.4(l) shall be retained on the record of a person for a period of three years following the end of any disqualification of that person.

History

(2005-156, s. 3; 2008-175, s. 2.)

Effect of Amendments. - Session Laws 2008-175, s. 2, effective December 1, 2008, and applicable to offenses committed on or after that date, substituted "three years" for "two years" in the last sentence.

§ 20-37.20B. Appeal of disqualification for testing positive in a drug or alcohol test.

Following receipt of notice pursuant to G.S. 20-37.19(c) of a positive test in an alcohol or drug test, the Division shall notify the driver of the pending disqualification of the driver to operate a commercial vehicle and the driver's right to a hearing if requested within 20 days of the date of the notice. If the Division receives no request for a hearing, the disqualification shall become effective at the end of the 20-day period. If the driver requests a hearing, the disqualification shall be stayed pending outcome of the hearing. The hearing shall take place at the offices of the Division of Motor Vehicles in Raleigh. The hearing shall be limited to issues of testing procedure and protocol. A copy of a positive test result accompanied by certification by the testing officer of the accuracy of the laboratory protocols that resulted in the test result shall be prima facie evidence of a confirmed positive test result. The decision of the Division hearing officer may be appealed in accordance with the procedure of G.S. 20-19(c6).

History

(2005-156, s. 4.)

§ 20-37.21. Penalties.

1. Any person who drives a commercial motor vehicle in violation of G.S. 20-37.12 shall be guilty of a Class 3 misdemeanor and, upon conviction, shall be fined not less than two hundred fifty dollars ($250.00) for a first offense and not less than five hundred dollars ($500.00) for a second or subsequent offense. In addition, the person shall be subject to a civil penalty pursuant to the provisions of 49 C.F.R. § 383.53(b).
2. Any person who violates G.S. 20-37.18 shall have committed an infraction and, upon being found responsible, shall pay a penalty of not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00).
3. Any employer who violates G.S. 20-37.19 shall have committed an infraction and, upon being found responsible, shall pay a penalty of not less than five hundred dollars ($500.00) nor more than one thousand dollars ($1,000). In addition, upon conviction, the employer shall be subject to a civil penalty of not less than two thousand seven hundred fifty dollars ($2,750) nor more than eleven thousand dollars ($11,000).
4. An employer who knowingly allows, requires, permits, or otherwise authorizes an employee to violate any railroad grade requirements contained in G.S. 20-142.1 through G.S. 20-142.5 shall pay a civil penalty of not more than ten thousand dollars ($10,000).

History

(1989, c. 771, s. 2; 1993, c. 539, s. 327; 1994, Ex. Sess., c. 24, s. 14(c); 2005-349, s. 10; 2009-416, s. 7.)

Effect of Amendments. - Session Laws 2005-349, s. 10, effective September 30, 2005, and applicable to offenses committed on or after that date, added the last sentences of subsections (a) and (c), and added subsection (d).

Session Laws 2009-416, s. 7, effective March 31, 2010, and applicable to offenses committed on or after that date, in subsection (a), deleted "upon conviction" following "In addition" and substituted "pursuant to the provisions of 49 C.F.R. § 383.53(b)" for "of not less than one thousand one hundred dollars ($1,100) for the first offense and not more than two thousand seven hundred fifty dollars ($2,750) for a second or subsequent offense."

§ 20-37.22. Rule making authority.

The Division may adopt any rules necessary to carry out the provisions of this Article.

History

(1989, c. 771, s. 2.)

§ 20-37.23. Authority to enter agreements.

The Commissioner shall have the authority to execute or make agreements, arrangements, or declarations to carry out the provisions of this Article.

History

(1989, c. 771, s. 2.)

§ 20-38: Repealed by Session Laws 1973, c. 1330, s. 39.

Editor's Note. - G.S. 20-38 was enacted as Part 1 of Article 3. It was transferred as a result of the enactment of Article 2C.

§ 20-38.1. Applicability.

The procedures set forth in this Article shall be followed for the investigation and processing of an implied-consent offense as defined in G.S. 20-16.2. The trial procedures shall apply to any implied-consent offense litigated in the District Court Division.

History

(2006-253, s. 5.)

Editor's Note. - Session Laws 2006-253, s. 33, made this Article effective December 1, 2006, and applicable to offenses committed on or after that date.

§ 20-38.2. Investigation.

A law enforcement officer who is investigating an implied-consent offense or a vehicle crash that occurred in the officer's territorial jurisdiction is authorized to investigate and seek evidence of the driver's impairment anywhere in-state or out-of-state, and to make arrests at any place within the State.

History

(2006-253, s. 5.)

§ 20-38.3. Police processing duties.

Upon the arrest of a person, with or without a warrant, but not necessarily in the order listed, a law enforcement officer:

1. Shall inform the person arrested of the charges or a cause for the arrest.
2. May take the person arrested to any place within the State for one or more chemical analyses at the request of any law enforcement officer and for any evaluation by a law enforcement officer, medical professional, or other person to determine the extent or cause of the person's impairment.
3. May take the person arrested to some other place within the State for the purpose of having the person identified, to complete a crash report, or for any other lawful purpose.
4. May take photographs and fingerprints in accordance with G.S. 15A-502.
5. Shall take the person arrested before a judicial official for an initial appearance after completion of all investigatory procedures, crash reports, chemical analyses, and other procedures provided for in this section.

History

(2006-253, s. 5.)

§ 20-38.4. Initial appearance.

1. Appearance Before a Magistrate. - Except as modified in this Article, a magistrate shall follow the procedures set forth in Article 24 of Chapter 15A of the General Statutes.
   1. A magistrate may hold an initial appearance at any place within the county and shall, to the extent practicable, be available at locations other than the courthouse when it will expedite the initial appearance.
   2. In determining whether there is probable cause to believe a person is impaired, the magistrate may review all alcohol screening tests, chemical analyses, receive testimony from any law enforcement officer concerning impairment and the circumstances of the arrest, and observe the person arrested.
   3. If there is a finding of probable cause, the magistrate shall consider whether the person is impaired to the extent that the provisions of G.S. 15A-534.2 should be imposed.
   4. The magistrate shall also:
      1. Inform the person in writing of the established procedure to have others appear at the jail to observe his condition or to administer an additional chemical analysis if the person is unable to make bond; and
      2. Require the person who is unable to make bond to list all persons he wishes to contact and telephone numbers on a form that sets forth the procedure for contacting the persons listed. A copy of this form shall be filed with the case file.
2. The Administrative Office of the Courts shall adopt forms to implement this Article.

History

(2006-253, s. 5.)

§ 20-38.5. Facilities.

1. The Chief District Court Judge, the Department of Health and Human Services, the district attorney, and the sheriff shall:
   1. Establish a written procedure for attorneys and witnesses to have access to the chemical analysis room.
   2. Approve the location of written notice of implied-consent rights in the chemical analysis room in accordance with G.S. 20-16.2.
   3. Approve a procedure for access to a person arrested for an implied-consent offense by family and friends or a qualified person contacted by the arrested person to obtain blood or urine when the arrested person is held in custody and unable to obtain pretrial release from jail.
2. Signs shall be posted explaining to the public the procedure for obtaining access to the room where the chemical analysis of the breath is administered and to any person arrested for an implied-consent offense. The initial signs shall be provided by the Department of Transportation, without costs. The signs shall thereafter be maintained by the county for all county buildings and the county courthouse.
3. If the instrument for performing a chemical analysis of the breath is located in a State or municipal building, then the head of the highway patrol for the county, the chief of police for the city or that person's designee shall be substituted for the sheriff when determining signs and access to the chemical analysis room. The signs shall be maintained by the owner of the building. When a breath testing instrument is in a motor vehicle or at a temporary location, the Department of Health and Human Services shall alone perform the functions listed in subdivisions (a)(1) and (a)(2) of this section.

History

(2006-253, s. 5.)

§ 20-38.6. Motions and district court procedure.

1. The defendant may move to suppress evidence or dismiss charges only prior to trial, except the defendant may move to dismiss the charges for insufficient evidence at the close of the State's evidence and at the close of all of the evidence without prior notice. If, during the course of the trial, the defendant discovers facts not previously known, a motion to suppress or dismiss may be made during the trial.
2. Upon a motion to suppress or dismiss the charges, other than at the close of the State's evidence or at the close of all the evidence, the State shall be granted reasonable time to procure witnesses or evidence and to conduct research required to defend against the motion.
3. The judge shall summarily grant the motion to suppress evidence if the State stipulates that the evidence sought to be suppressed will not be offered in evidence in any criminal action or proceeding against the defendant.
4. The judge may summarily deny the motion to suppress evidence if the defendant failed to make the motion pretrial when all material facts were known to the defendant.
5. If the motion is not determined summarily, the judge shall make the determination after a hearing and finding of facts. Testimony at the hearing shall be under oath.
6. The judge shall set forth in writing the findings of fact and conclusions of law and preliminarily indicate whether the motion should be granted or denied. If the judge preliminarily indicates the motion should be granted, the judge shall not enter a final judgment on the motion until after the State has appealed to superior court or has indicated it does not intend to appeal.

History

(2006-253, s. 5.)

§ 20-38.7. Appeal to superior court.

1. The State may appeal to superior court any district court preliminary determination granting a motion to suppress or dismiss. If there is a dispute about the findings of fact, the superior court shall not be bound by the findings of the district court but shall determine the matter de novo. Any further appeal shall be governed by Article 90 of Chapter 15A of the General Statutes.
2. The defendant may not appeal a denial of a pretrial motion to suppress or to dismiss but may appeal upon conviction as provided by law.
3. Notwithstanding the provisions of G.S. 15A-1431, for any implied-consent offense that is first tried in district court and that is appealed to superior court by the defendant for a trial de novo as a result of a conviction, when an appeal is withdrawn or a case is remanded back to district court, the sentence imposed by the district court is vacated and the district court shall hold a new sentencing hearing and shall consider any new convictions unless one of the following conditions is met:
   1. If the appeal is withdrawn pursuant to G.S. 15A-1431(c), the prosecutor has certified to the clerk, in writing, that the prosecutor has no new sentencing factors to offer the court.
   2. If the appeal is withdrawn and remanded pursuant to G.S. 15A-1431(g), the prosecutor has certified to the clerk, in writing, that the prosecutor has no new sentencing factors to offer the court.
   3. If the appeal is withdrawn and remanded pursuant to G.S. 15A-1431(h), the prosecutor has certified to the clerk, in writing, that the prosecutor consents to the withdrawal and remand and has no new sentencing factors to offer the court.
4. Following a new sentencing hearing in district court pursuant to subsection (c) of this section, a defendant has a right of appeal to the superior court only if:
   1. The sentence is based upon additional facts considered by the district court that were not considered in the previously vacated sentence, and
   2. The defendant would be entitled to a jury determination of those facts pursuant to G.S. 20-179.

A defendant who has a right of appeal under this subsection, gives notice of appeal, and subsequently withdraws the appeal shall have the sentence imposed by the district court reinstated by the district court as a final judgment that is not subject to further appeal.

History

(2006-253, s. 5; 2007-493, s. 9; 2008-187, s. 10; 2015-150, s. 5; 2015-264, s. 39(a).)

Editor's Note. - Session Laws 2015-150, s. 6, made the rewriting of subsection (c) of this section by Session Laws 2015-150, s. 5, applicable to appeals filed on or after December 1, 2015.

Session Laws 2015-264, s. 91.7 contains a severability clause.

Effect of Amendments. - Session Laws 2007-493, s. 9, effective August 30, 2007, deleted "and, if the defendant has any pending charges of offenses involving impaired driving, shall delay sentencing in the remanded case until all cases are resolved" at the end of subsection (c); and added subsection (d).

Session Laws 2008-187, s. 10, effective August 7, 2008, substituted "sentence" for "judgment" at the end of subdivision (d)(1).

Session Laws 2015-150, s. 5, effective December 1, 2015, rewrote subsection (c) and added subdivisions (c)(1) through (c)(3). For applicability, see editor's note.

Session Laws 2015-264, s. 39(a), effective December 1, 2015, substituted "G.S. 15A-1431(h)" for "G.S. 15A-1341(h)" in subdivision (c)(3).

§ 20-38.100: Reserved for future codification purposes.

PART 2. AUTHORITY AND DUTIES OF COMMISSIONER AND DIVISION.

§ 20-39. Administering and enforcing laws; rules and regulations; agents, etc.; seal; fees.

1. The Commissioner is hereby vested with the power and is charged with the duty of administering and enforcing the provisions of this Article and of all laws regulating the operation of vehicles or the use of the highways, the enforcement or administration of which is now or hereafter vested in the Division.
2. The Commissioner is hereby authorized to adopt and enforce such rules and regulations as may be necessary to carry out the provisions of this Article and any other laws the enforcement and administration of which are vested in the Division.
3. The Commissioner is authorized to designate and appoint such agents, field deputies, and clerks as may be necessary to carry out the provisions of this Article.
4. The Commissioner shall adopt an official seal for the use of the Division.
5. The Commissioner is authorized to cooperate with and provide assistance to the Environmental Management Commission, or appropriate local government officials, and to develop, adopt, and ensure enforcement of necessary rules and regulations, regarding programs of motor vehicle emissions inspection/maintenance required for areas in which ambient air pollutant concentrations exceed National Ambient Air Quality Standards. The Commissioner is further authorized to allow offices of the Division that provide vehicle titling and registration services and commission contractors of the Division under G.S. 20-63 to serve, upon agreement with the Wildlife Resources Commission, as vessel agents under G.S. 75A-5.2.
6. The Commissioner is authorized to charge and collect the following fees for the verification of equipment to be used on motor vehicles or to be sold in North Carolina, when that approval is required pursuant to this Chapter:
   1. When a federal standard has been established, the fee shall be equal to the cost of verifying compliance with the applicable federal standard; or
   2. When no federal standard has been established, the fee shall be equal to the cost of verifying compliance with the applicable State standard. Any motor vehicle manufacturer or distributor who is required to certify his products under the National Traffic and Motor Vehicle Safety Act of 1966, as from time to time amended, may satisfy the provisions of this section by submitting an annual written certification to the Commissioner attesting to the compliance of his vehicles with applicable federal requirements. Failure to comply with the certification requirement or failure to meet the federal standards will subject the manufacturer or distributor to the fee requirements of this subsection.
7. , (h)  Repealed by Session Laws 2001-424, s. 6.14(e), effective September 26, 2001.
   1. Notwithstanding the requirements of G.S. 20-7.1 and G.S. 20-67(a), the Commissioner may correct the address records of drivers license and registration plate holders as shown in the files of the Division to that shown on notices and renewal cards returned to the Division with new addresses provided by the United States Postal Service.

History

(1937, c. 407, s. 4; 1975, c. 716, s. 5; 1979, 2nd Sess., 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, 2nd Ex. 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); 2015-241, s. 29.38.)

Cross References. - As to Commissioner and organization of Division, see G.S. 20-2 and 20-3.

For definitions applicable throughout this Chapter, see G.S. 20-4.01.

For requirements regarding marking and issuance of license plates for publicly owned vehicles, see G.S. 20-39.1.

Editor's Note. - Session Laws 1993 (Reg. Sess., 1994), c. 769, s. 2, provides: "This act shall be known as 'The Current Operations and Capital Improvements Appropriations Act of 1994.'"

Session Laws 1993 (Reg. Sess., 1994), c. 769, s. 20, provides: "The Division of Motor Vehicles shall report quarterly, beginning in January 1995, to the Joint Legislative Transportation Oversight Committee and the Fiscal Research Division, on the Emission Inspection Program's compliance with regulations the Environmental Protection Agency adopted for the inspection and maintenance activities required in the Clean Air Amendments of 1990. The report shall include the receipts and expenditures from the Emissions Program Account."

Effect of Amendments. - Session Laws 2015-241, s. 29.38, effective July 1, 2015, added the last sentence in subsection (e).

§ 20-39.1. Publicly owned vehicles to be marked; private license plates on publicly owned vehicles.

1. Except as otherwise provided in this section, the executive head of every department of State government and every county, institution, or agency of the State shall mark every motor vehicle owned by the State, county, institution, or agency with a statement that the vehicle belongs to the State, county, institution, or agency. The requirements of this subsection are complied with if:
   1. The vehicle has imprinted on the license plate, above the license number, the words "State Owned" and the vehicle has affixed to the front the words "State Owned";
   2. In the case of a county, the vehicle has painted or affixed on its side a circle not less than eight inches in diameter showing a replica of the seal of the county; or
   3. In the case of vehicles assigned to members of the Council of State, the vehicle has imprinted on the license plate the license number assigned to the appropriate member of the Council of State pursuant to G.S. 20-79.5(a); a member of the Council of State shall not be assessed any registration fee if the member elects to have a State-owned motor vehicle assigned to the member designated by the official plate number.
2. A motor vehicle used by any State or county officer or official for transporting, apprehending, or arresting persons charged with violations of the laws of the United States or the laws of this State is not required to be marked as provided in subsection (a) of this section. The Commissioner may lawfully provide private license plates to local, State, or federal departments or agencies for use on publicly owned or leased vehicles used for those purposes. Private license plates issued under this subsection shall be issued on an annual basis and the records of issuance shall be maintained in accordance with the provisions of G.S. 20-56.
3. A motor vehicle used by a county for transporting day or residential facility clients of area mental health, developmental disabilities, and substance abuse authorities established under Article 4 of Chapter 122C of the General Statutes is not required to be marked as provided in subsection (a) of this section. The Commissioner may lawfully provide private license plates to counties for use on publicly owned or leased vehicles used for that purpose. Private license plates issued under this subsection shall be issued on an annual basis and the records of issuance shall be maintained in accordance with the provisions of G.S. 20-56.
4. A motor vehicle used by the Department of Agriculture and Consumer Services exclusively for Meat and Poultry compliance officers to conduct inspections is not required to be marked as provided in subsection (a) of this section. The Commissioner may lawfully provide private license plates to the Department of Agriculture and Consumer Services for use on publicly owned or leased vehicles used for this purpose. Private license plates issued under this subsection shall be issued on an annual basis and the records of issuance shall be maintained in accordance with the provisions of G.S. 20-56.
5. For purposes of this section, the term "private license plate" refers to a license plate that would normally be issued to a private party and therefore lacks any markings indicating that it has been assigned to a publicly owned vehicle. "Confidential" license plates are a specialized form of private license plate for which a confidential registration has been authorized under subsection (e) of this section. "Fictitious" license plates are a specialized form of private license plate for which a fictitious registration has been issued under subsection (f) or (g) of this section.
6. Upon approval and request of the Director of the State Bureau of Investigation, the Commissioner shall issue confidential license plates to local, State, or federal law enforcement agencies, the Department of Public Safety, agents of the Internal Revenue Service, and agents of the Department of Defense in accordance with the provisions of this subsection. Applicants in these categories shall provide satisfactory evidence to the Director of the State Bureau of Investigation of the following:
   1. The confidential license plate requested is to be used on a publicly owned or leased vehicle that is primarily used for transporting, apprehending, or arresting persons charged with violations of the laws of the United States or the State of North Carolina;
   2. The use of a confidential license plate is necessary to protect the personal safety of an officer or for placement on a vehicle used primarily for surveillance or undercover operations; and
   3. The application contains an original signature of the head of the requesting agency or department or, in the case of a federal agency, the signature of the senior ranking officer for that agency in this State.
7. The Commissioner may to the extent necessary provide law enforcement officers of the Division on special undercover assignments with motor vehicle operator's licenses and motor vehicle license plates under assumed names, using false or fictitious addresses. The Commissioner shall be responsible for the request for issuance and use of such licenses and license plates, and may direct the immediate return of any license or license plate issued pursuant to this subsection.
8. The Commissioner may, upon the request of the Director of the State Bureau of Investigation and to the extent necessary, lawfully provide local, State, and federal law enforcement officers on special undercover assignments and to agents of the Department of Defense with motor vehicle drivers licenses and motor vehicle license plates under assumed names, using false or fictitious addresses. Fictitious license plates shall only be used on publicly owned or leased vehicles. A request for fictitious licenses and license plates by a local, State or federal law enforcement agency or department or by the Department of Defense shall be made in writing to the Director of the State Bureau of Investigation and shall contain an original signature of the head of the requesting agency or department or, in the case of a federal agency, the signature of the senior ranking officer for that agency in this State.
9. No private, confidential, or fictitious license plates issued under this section shall be used on privately owned vehicles under any circumstances.
10. The Commissioner shall administer the issuance of private plates for publicly owned vehicles under the provisions of this section to ensure strict compliance with those provisions. The Division shall report to the Joint Legislative Commission on Governmental Operations by January 1 and July 1 of each year on the total number of private plates issued to each agency, and the total number of fictitious licenses and plates issued by the Division.

Confidential license plates issued under this subsection shall be issued on an annual basis and the Division shall maintain a separate registration file for vehicles bearing confidential license plates. That file shall be confidential for the use of the Division and is not a public record within the meaning of Chapter 132 of the General Statutes. Upon the annual renewal of the registration of a vehicle for which a confidential status has been established under this section, the registration shall lose its confidential status unless the agency or department supplies the Director of the State Bureau of Investigation with information demonstrating that an officer's personal safety remains at risk or that the vehicle is still primarily used for surveillance or undercover operations at the time of renewal.

Prior to the issuance of any fictitious license or license plate, the Director of the State Bureau of Investigation shall make a specific written finding that the request is justified and necessary. The Director shall maintain a record of all such licenses, license plates, assumed names, false or fictitious addresses, and law enforcement officers using the licenses or license plates. That record shall be confidential and is not a public record within the meaning of Chapter 132 of the General Statutes. The Director shall request the immediate return of any license or registration that is no longer necessary.

Licenses and license plates provided under this subsection shall expire six months after initial issuance unless the Director of the State Bureau of Investigation has approved an extension in writing. The head of the local, State, or federal law enforcement agency or the Department of Defense shall be responsible for the use of the licenses and license plates and shall return them immediately to the Director for cancellation upon either (i) their expiration, (ii) request of the Director of the State Bureau of Investigation, or (iii) request of the Commissioner. Failure to return a license or license plate issued pursuant to this subsection shall be punished as a Class 2 misdemeanor. At no time shall the number of valid licenses issued under this subsection exceed two hundred nor shall the number of valid license plates issued under this subsection exceed one hundred twenty-five unless the Director determines that exceptional circumstances justify exceeding those amounts. However, fictitious licenses and license plates issued to special agents of the State Bureau of Investigation, State alcohol law enforcement agents, and the Department of Defense shall not be counted against the limitation on the total number of fictitious licenses and plates established by this subsection and shall be renewable annually.

History

(2001-424, s. 6.14(a); 2001-424, s. 6.14(b); 2001-487, ss. 53, 54; 2003-152, ss. 3, 4; 2003- 284, ss. 6.5(a), (b); 2004-124, s. 6.5(a), (b); 2005-276, s. 6.18(a); 2011-145, s. 19.1(g); 2017-108, s. 10.)

Editor's Note. - Session Laws 2017-108, s. 21, is a severability clause.

Effect of Amendments. - Session Laws 2011-145, s. 19.1(g), effective January 1, 2012, substituted "Public Safety" for "Crime Control and Public Safety" in subsection (e).

Session Laws 2017-108, s. 10, effective July 12, 2017, added subsection (c1).

§ 20-40. Offices of Division.

The Commissioner shall maintain an office in Wake County, North Carolina, or a surrounding county, and in such places in the State as the Commissioner deems necessary to properly carry out the provisions of this Article.

History

(1937, c. 407, s. 5; 2018-5, s. 34.24(c).)

Editor's Note. - Session Laws 2018-5, s. 34.24(a) and (b), as amended by Session Laws 2020-3, s. 4.8(a), provides: "(a) All Division of Motor Vehicles employees and contractors working at the Division of Motor Vehicles building located on New Bern Avenue in the City of Raleigh shall begin vacating the property by October 1, 2020.

"(b) By no later than August 1, 2018, the Department of Administration shall issue a Request for Proposal (RFP) seeking leased office space or spaces for the Division of Motor Vehicles employees and contractors currently working at the Division building located on New Bern Avenue in the City of Raleigh. The geographic scope of the RFP shall include Wake County and surrounding counties."

Session Laws 2018-5, s. 1.1, provides: "This act shall be known as the 'Current Operations Appropriations Act of 2018.'"

Session Laws 2018-5, s. 39.4, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2018-2019 fiscal year, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2018-2019 fiscal year."

Session Laws 2018-5, s. 39.7, is a severability clause.

Session Laws 2020-3, s. 5, is a severability clause.

Effect of Amendments. - Session Laws 2018-5, s. 34.24(c), effective July 1, 2018, substituted "Wake County, North Carolina, or a surrounding county" for "Raleigh, North Carolina" and substituted "the Commissioner deems" for "he shall deem."

§ 20-41. Commissioner to provide forms required.

The Commissioner shall provide suitable forms for applications, certificates of title and registration cards, registration number plates and all other forms requisite for the purpose of this Article, and shall prepay all transportation charges thereon.

History

(1937, c. 407, s. 6.)

§ 20-42. Authority to administer oaths and certify copies of records.

1. Officers and employees of the Division designated by the Commissioner are, for the purpose of administering the motor vehicle laws, authorized to administer oaths and acknowledge signatures, and shall charge for the acknowledgment of signatures a fee according to the following schedule:
   1. One signature                                                    $2.00      (2) Two signatures                                                    3.00      (3) Three or more signatures                                          4.00
2. The Commissioner and officers of the Division designated by the Commissioner may prepare under the seal of the Division and deliver upon request a certified copy of any document of the Division for a fee. The fee for a document, other than an accident report under G.S. 20-166.1, is thirteen dollars ($13.00). The fee for an accident report is five dollars ($5.00). A certified copy shall be admissible in any proceeding in any court in like manner as the original thereof, without further certification. The certification fee does not apply to a document furnished for official use to a judicial official or to an official of the federal government, a state government, or a local government.

Funds received under the provisions of this subsection shall be used to defray a part of the costs of distribution of license plates, registration certificates and certificates of title issued by the Division.

History

(1937, c. 407, s. 7; 1955, c. 480; 1961, c. 861, s. 1; 1967, c. 691, s. 41; c. 1172; 1971, c. 749; 1975, c. 716, s. 5; 1977, c. 785; 1979, c. 801, s. 7; 1981, c. 690, ss. 22, 23; 1991, c. 689, s. 331; 1995, c. 191, s. 8; 2005-276, s. 44.1(h); 2015-241, s. 29.30(h).)

Cross References. - As to copy of record kept by Commissioner, etc., certified by Commissioner, as evidence, see G.S. 8-37.

Editor's Note. - Session Laws 2015-241, s. 29.30(u), made the amendment to subsection (b) of this section by Session Laws 2015-241, s. 29.30(h), applicable to issuances, renewals, restorations, and requests on or after January 1, 2016.

Session Laws 2015-241, s. 1.1, provides: "This act shall be known as 'The Current Operations and Capital Improvements Appropriations Act of 2015.'"

Session Laws 2015-241, s. 33.6, is a severability clause.

Effect of Amendments. - Session Laws 2005-276, s. 44.1(h), effective October 1, 2005, and applicable to fees collected on or after that date, substituted "ten dollars ($10.00)" for "five dollars ($5.00)" and "five dollars ($5.00)" for "four dollars ($4.00)" in subsection (b).

Session Laws 2015-241, s. 29.30(h), effective January 1, 2016, substituted "thirteen dollars ($13.00)" for "ten dollars ($10.00)" in second sentence of subsection (b). For applicability, see editor's note.

§ 20-43. Records of Division.

1. All records of the Division, other than those declared by law to be confidential for the use of the Division, shall be open to public inspection during office hours in accordance with G.S. 20-43.1. A signature recorded in any format by the Division for a drivers license or a special identification card is confidential and shall not be released except for law enforcement purposes or to the State Chief Information Officer for purposes of G.S. 143B-1385 or the State Board of Elections in connection with its official duties under Chapter 163 of the General Statutes. A photographic image recorded in any format by the Division for a drivers license or a special identification card is confidential and shall not be released except for law enforcement purposes or to the State Chief Information Officer for the purposes of G.S. 143B-1385 or the State Board of Elections in connection with its official duties under Chapter 163 of the General Statutes.
2. The Commissioner, upon receipt of notification from another state or foreign country that a certificate of title issued by the Division has been surrendered by the owner in conformity with the laws of such other state or foreign country, may cancel and destroy such record of certificate of title.

History

(1937, c. 407, s. 8; 1947, c. 219, s. 1; 1971, c. 1070, s. 1; 1975, c. 716, s. 5; 1995, c. 195, s. 1; 1997-443, s. 32.25(d); 2013-360, s. 7.10(b); 2014-115, s. 56.8(d); 2015-241, s. 7A.4(c); 2016-94, s. 24.1; 2017-6, s. 3; 2018-146, ss. 3.1(a), (b), 6.1.)

Re-recodification; Technical and Conforming Changes. - Session Laws 2017-6, s. 3, provides, in part: "The Revisor of Statutes shall recodify Chapter 138A of the General Statutes, Chapter 120C of the General Statutes, as well as Chapter 163 of the General Statutes, as amended by this act, into a new Chapter 163A of the General Statutes to be entitled 'Elections and Ethics Enforcement Act,' as enacted by Section 4 of this act. The Revisor may also recodify into the new Chapter 163A of the General Statutes other existing statutory laws relating to elections and ethics enforcement that are located elsewhere in the General Statutes as the Revisor deems appropriate." The Revisor was further authorized to make additional technical and conforming changes to catchlines, internal citations, and other references throughout the General Statutes to effectuate this recodification. Pursuant to this authority, the Revisor of Statutes substituted "Bipartisan State Board of Elections and Ethics Enforcement" for "State Board of Elections" and "Subchapter III of Chapter 163A" for "Chapter 163" in subsection (a).

Session Laws 2018-146, ss. 3.1(a), (b), and 6.1, repealed Session Laws 2017-6, s. 3, and authorized the Revisor of Statutes to re-recodify Chapter 163A into Chapters 163, 138A, and 120C and to revert the changes made by the Revisor pursuant to Session Laws 2017-6, s. 3. Pursuant to this authority, the Revisor of Statutes reverted the changes to references in subsection (a).

Effect of Amendments. - Session Laws 2013-360, s. 7.10(b), effective July 26, 2013, in subsection (a), deleted "photographic image or" preceding "signature recorded" in the second sentence and added the last sentence.

Session Laws 2014-115, s. 56.8(d), effective August 11, 2014, substituted "Chief Information Officer" for "Controller" in the last sentence of subsection (a).

Session Laws 2015-241, s. 7A.4(c), effective July 1, 2015, near the end of subsection (a), deleted "Office of the" preceding "State Chief Information" and substituted "G.S. 143B-1385" for "G.S. 143B-426.38A."

Session Laws 2016-94, s. 24.1, effective July 1, 2016, in subsection (a), added "or to the State Chief Information Officer for purposes of G.S. 143B-1385 or the State Board of Elections in connection with its official duties under Chapter 163 of the General Statutes" at the end of the first sentence, and added "G.S. 143B-1385 or the State Board of Elections in connection with its official duties under Chapter 163 of the General Statutes" at the end of the last sentence.

§ 20-43.1. Disclosure of personal information in motor vehicle records.

1. The Division shall disclose personal information contained in motor vehicle records in accordance with the federal Driver's Privacy Protection Act of 1994, as amended, 18 U.S.C. §§ 2721, et seq.
2. As authorized in 18 U.S.C. § 2721, the Division shall not disclose personal information for the purposes specified in 18 U.S.C. § 2721(b)(11).
3. The Division shall not disclose personal information for the purposes specified in 18 U.S.C. § 2721(b)(12) unless the Division receives prior written permission from the person about whom the information is requested.
4. As authorized in 18 U.S.C. § 2721, the Division may disclose personal information to federally designated organ procurement organizations and eye banks operating in this State for the purpose of identifying individuals who have indicated an intent to be an organ donor. Personal information authorized under this subsection is limited to the individual's first, middle, and last name, date of birth, address, sex, county of residence, and drivers license number. Employees of the Division who provide access to or disclosure of information in good-faith compliance with this subsection are not liable in damages for access to or disclosure of the information.
5. As authorized in 18 U.S.C. § 2721, the Division may also provide copies of partial crash report data collected pursuant to G.S. 20-166.1, partial driver license data kept pursuant to G.S. 20-26(a), and partial vehicle registration application data collected pursuant to G.S. 20-52 in bulk form to persons, private companies, or other entities, for uses other than official, upon payment of a fee of three cents (3›) per individual record. The Division shall not furnish such data except upon execution by the recipient of a written agreement to comply with the Driver's Privacy Protection Act of 1994, as amended, 18 U.S.C. §§ 2721, et seq. The information released to persons, private companies, or other entities, for uses other than official, pursuant to this subsection, shall not be a public record pursuant to Chapter 132 of the General Statutes.
6. E-mail addresses or other electronic addresses provided to the Division are personal information for purposes of this section and shall only be disclosed in accordance with this section.

History

(1997-443, s. 32.25(a); 1999-237, s. 27.9(b); 2004-189, s. 2; 2011-145, s. 31.29; 2016-90, s. 10(b).)

Editor's Note. - Session Laws 1998-23, s. 17.1, as amended by Session Laws 1998-212, s. 27.18(a), had provided that notwithstanding any other provision of law, the Division of Motor Vehicles shall not disclose personal information in its records for purposes specified in 18 U.S.C. § 2721(b)(12) prior to January 1, 2000; and further provides that this section shall not expire until January 1, 2000. Session Laws 1999-237, s. 27.9(a), repealed Session Laws 1998-23, s. 17.1, as amended.

Session Laws 2004-189, s. 5(c), as amended by Session Laws 2005-276, s. 44.1(q), provides: "The Division of Motor Vehicles shall retain a portion of five cents ($0.05) collected for the issuance of each drivers license and duplicate license to offset the actual cost of developing and maintaining the online Organ Donor Internet site established pursuant to Section 1 of this act. The remainder of the five cents ($0.05) shall be credited to the License to Give Trust Fund established under G.S. 20-7.4 and shall be used for the purposes authorized under G.S. 20-7.4 and G.S. 20-7.5."

Session Laws 2011-145, s. 1.1, provides: "This act shall be known as the 'Current Operations and Capital Improvements Appropriations Act of 2011.' "

Session Laws 2011-145, s. 32.5 is a severability clause.

Effect of Amendments. - Session Laws 2004-189, s. 2, effective January 1, 2005, added subsection (d).

Session Laws 2011-145, s. 31.29, effective July 1, 2011, added subsection (e).

Session Laws 2016-90, s. 10(b), effective October 1, 2016, added subsection (f).

Opinions of Attorney General

Motor vehicle accident reports are public records, but should be released only after the Division of Motor Vehicles has redacted personal identifying information in accordance with the federal Drivers Privacy Protection Act. See opinion of Attorney General to Mr. George Tatum, Commissioner, North Carolina Division of Motor Vehicles, 2005 N.C. AG LEXIS 1 (2/9/05).

Release of Department of Motor Vehicle records. - The Department of Motor Vehicles is required by the Drivers Privacy Protection Act, 18 U.S.C. § 2721, et seq., to redact "personal information" and "highly restricted personal information" from documents, such as accident reports, provided to the public. Otherwise, the requirements of the Public Records Act, G.S. 132-1 et seq., should be complied with by DMV and local law enforcement agencies. Motor vehicle registration information provided by DMV to local taxing authorities should also be provided upon request in accordance with the Public Records Act. See opinion of Attorney General to Mr. George Tatum, Commissioner, North Carolina Division of Motor Vehicles, 2005 N.C.A.G. 1 (02/09/05).