GENERAL ASSEMBLY OF NORTH CAROLINA
1993 SESSION
CHAPTER 750
AN ACT TO PROVIDE FOR UNIFORM DRIVERS LICENSE AND VEHICLE REGISTRATION INFORMATION.
The General Assembly of North Carolina enacts:
Section 1. G.S. 20-7 reads as rewritten:
"§ 20-7. Issuance and renewal of drivers licenses.
(a) 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 that
vehicle. 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.
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:
(1) Class A. - A Class A license authorizes the holder to drive any of the following:
a. A Class A motor vehicle that is exempt under G.S. 20-37.16 from the commercial drivers license requirements.
b. 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:
a. A Class C motor vehicle that is not a commercial motor vehicle.
b. 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.
The Commissioner may assign a unique motor vehicle to a class that is different from the class in which it would otherwise belong.
A new resident of North Carolina who has a drivers license issued by another jurisdiction must obtain a license from the Division within 30 days after becoming a resident.
(a1) Motorcycles and Mopeds. - To drive a motorcycle, a person must have a drivers license and a motorcycle endorsement. To obtain a motorcycle endorsement, a person must demonstrate competence to drive a motorcycle by passing a road test and a written or oral test concerning a motorcycle and must pay the fee for a motorcycle endorsement. Neither a drivers license nor a motorcycle endorsement is required to drive a moped.
(b) Repealed by Session Laws 1993, c. 368, s. 1, c. 533, s. 12, effective January 1, 1995.
(c) (b1) Application
and Tests.Application. - To obtain a drivers license from the
Division, a person must 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 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. The Division may copy the identification presented or
hold it for a brief period of time to verify its authenticity. To authenticity.
To obtain an endorsement, a person must demonstrate his or her physical and
mental ability to drive safely the type of motor vehicle for which the
endorsement is required. The Division shall note an endorsement on the
face of a drivers license.
The application form must request all of the following information:
(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 social security number.
(6) The applicant's signature.
The application form must also 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. In accordance with 42 U.S.C. 405(c)(2)(C)(v), the Division may disclose a social security number obtained under this subsection only for the purpose of administering the drivers license laws and may not disclose the social security number for any other purpose. The social security number of an applicant for a license or of a licensed driver is therefore not a public record. A violation of the disclosure restrictions is punishable as provided in 42 U.S.C. 405(c)(2)(C)(vii).
(c) 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.
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.
(c1) 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.
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 drivers license and who is not required to take the written examination.
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.
(d) Repealed by Session Laws 1993, c. 368, s. 1, effective January 1, 1995.
(e) Restrictions. - The
Division may impose any restriction it finds advisable on a drivers
license. A restriction shall be noted on the face of the
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 defect or disease which affects his or
her operation of a motor vehicle, the Division may require to be filed with it
a certificate of such applicant's condition signed by some medical authority of
the applicant's community designated by the Division. This certificate
shall in all cases be treated as confidential. 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. This subsection does not prohibit deaf
persons from operating motor vehicles who in every other way meet the
requirements of this section.
(f) Expiration and Temporary License. - The first drivers license the Division issues to a person expires on the person's fourth or subsequent birthday that occurs after the license is issued and on which the individual's age is evenly divisible by five, unless this subsection sets a different expiration date. The first drivers license the Division issues to a person who is at least 17 years old but is less than 18 years old expires on the person's twentieth birthday. The first drivers license the Division issues to a person who is at least 62 years old expires on the person's birthday in the fifth year after the license is issued, whether or not the person's age on that birthday is evenly divisible by five.
A drivers license that was issued by the Division and is renewed by the Division expires five years after the expiration date of the license that is renewed. A person may apply to the Division to renew a license during the 60-day period before the license expires. The Division may not accept an application for renewal made before the 60-day period begins.
Any person serving in the armed forces of the United States on active duty and holding a valid drivers license properly issued under this section and stationed outside the State of North Carolina may renew the license by making application to the Division by mail. Any other person, except a nonresident, who holds a valid drivers license issued under this section and who is temporarily residing outside North Carolina, may also renew by making application to the Division by mail. For purposes of this section 'temporarily' shall mean not less than 30 days continuous absence from North Carolina. In either case, the Division may waive the examination and color photograph otherwise required for the renewal of a drivers license, and may impose in lieu thereof any conditions it considers appropriate to each particular application. A license renewed by mail is a temporary license that expires 30 days after the person to whom it is issued returns to this State.
(g) Repealed by Session Laws 1979, c. 667, s. 6.
(h) Repealed by Session Laws 1979, c. 113, s. 1.
(i) 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:
Class of Regular License Fee For Each Year
Class A $ 3.75
Class B 3.75
Class C 2.50
The fee for a motorcycle endorsement is one dollar and twenty-five cents ($1.25) for each year of the period for which the endorsement is issued. The appropriate fee must be paid before a person receives a regular drivers license or an endorsement.
(i1) Restoration Fee. - Any person whose drivers license has been revoked pursuant to the provisions of this Chapter, other than G.S. 20-17(2), shall pay a restoration fee of twenty-five dollars ($25.00). A person whose drivers license has been revoked under G.S. 20-17(2) shall pay a restoration fee of fifty dollars ($50.00) until the end of the fiscal year in which the cumulative total amount of fees deposited under this subsection in the General Fund exceeds five million dollars ($5,000,000), and shall pay a restoration fee of twenty-five dollars ($25.00) thereafter. 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 twenty-five dollar ($25.00) fee, and the first twenty-five dollars ($25.00) of the fifty-dollar ($50.00) fee, shall be deposited in the Highway Fund. The remaining twenty-five dollars ($25.00) of the fifty-dollar ($50.00) fee shall be deposited in the General Fund of the State. The Office of State Budget and Management 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 five million dollars ($5,000,000), and shall annually report to the General Assembly the amount of fees deposited in the General Fund under this subsection.
It is the intent of the General Assembly to annually appropriate the funds deposited in the General Fund under this subsection to the Board of Governors of The University of North Carolina to be used for the Center for Alcohol Studies Endowment at The University of North Carolina at Chapel Hill, but not to exceed this cumulative total of five million dollars ($5,000,000).
(j) Highway Fund. - The fees collected under this section and G.S. 20-14 shall be placed in the Highway Fund.
(k) Repealed by Session Laws 1991, c. 726, s. 5, effective October 1, 1991.
(l) Learner's Permit. - Any person who except for lack of instruction in operating a motor vehicle would be qualified to obtain a drivers license under this Article 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 ten dollars ($10.00). 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.
(l-1) Repealed by Session Laws 1991, c. 726, s. 5, effective October 1, 1991.
(m) 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) An applicant for certification under G.S. 20-218 as a school bus driver.
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.
(n) Format. - Every A
drivers license issued by the Division shall bear thereon the
distinguishing number assigned to the licensee and color photograph of the
licensee of a size approved by the Commissioner and shall contain the name,
age, residence address and a brief description of the licensee, who, for the
purpose of identification and as a condition precedent to the validity of the
license, immediately upon receipt thereof, shall endorse his or her regular
signature in ink upon the same in the space provided for that purpose unless a
facsimile of his or her signature appears thereon; provided the 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, taken by the Division.
(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) The license holder's social security number or another identifying number assigned by the Division.
(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.
The Commissioner may waive the requirement that of
a color photograph of the licensee appear on the a license
may be waived by the Commissioner upon satisfactory proof if the license
holder proves to the satisfaction of the Commissioner that the taking
of such the photograph violates would violate the license
holder's religious convictions of the licensee. Drivers licenses shall
be issued with differing color photographic backgrounds according to the
licensee's age at time of issuance for the following age groups:
(1) Persons who
have not attained the age of 21 years.
(2) Persons who
have attained the age of 21 years.
convictions. In taking
photographs of license holders, the Division must distinguish between license
holders who are less than 21 years old and license holders who are at least 21
years old by using different color backgrounds for each group. The
Division shall determine the different colors to be used. Such license
shall be carried by the licensee at all times while engaged in the operation of
a motor vehicle.
At the request of an applicant for a drivers license, a license issued to the applicant must contain the applicant's race.
(o) Repealed by Session Laws 1991, c. 726, s. 5, effective October 1, 1991."
Sec. 2. G.S. 20-37.7 reads as rewritten:
"§ 20-37.7. Special identification card.
(a) Eligibility. -The
Division of Motor Vehicles shall upon satisfactory proof of identification
issue a special identification card to any person 11 years or older who is a
resident of the State of North Carolina. A person who is a resident of
this State is eligible for a special identification card.
(b) Application. -Every
application for a special identification card shall be made on the approved
form furnished by the Division and shall be accompanied by a birth certificate
and other proof of identification which shall be returned when the special
identification card is issued. To obtain a special identification card
from the Division, a person must complete the application form used to obtain a
drivers license.
(c) Format. -Special
A special identification cards shall be issued with differing
color photographic backgrounds according to the holder's age at time of
issuance for the following age groups:
(1) Persons who
have not attained the age of 21 years.
(2) Persons who
have attained the age of 21 years.
The card shall be similar in
size, shape, and design to a driver's 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.
(d) 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 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 who is legally blind, is at least 70 years old, or 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.
(e) 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.
(f) Records. - The
Division of Motor Vehicles shall maintain a record of all recipients of
a special identification card. The Division may promulgate any rules
and regulations it deems necessary for the effective implementation of the
provisions of this section.
(g) 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.
(h) Advertising. - The Division may utilize the various communications media throughout the State to inform North Carolina residents of the provisions of this section."
Sec. 3. G.S. 20-37.15(a) reads as rewritten:
"(a) The application
for a commercial drivers license must include the following:
(1) The full
name, current mailing address, and current residence address of the applicant;
(2) A physical
description of the person including sex, height, and eye and hair color;
(3) Date of
birth;
(4) The
applicant's social security number;
(5) The
applicant's signature;
(6) Repealed by
Session Laws 1991, c. 726, s. 17.
(7) Certifications
including those required by 49 C.F.R. § 383.71(a);
(8) A consent to
release driving record information; and
(9) Any other
information required by the Division.
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."
Sec. 4. G.S. 20-37.16(a) reads as rewritten:
"(a) A commercial drivers
license must be marked 'Commercial Drivers License' or 'CDL' and shall, to
the maximum extent practicable, be tamper proof. It must include:
(1) The person's
name and residential address;
(2) The person's
color photograph;
(3) A physical
description of the person including sex, height, eye color, and hair color;
(4) The person's
date of birth;
(5) The person's
social security number or any number or identifier deemed appropriate by the
Division;
(6) The person's
signature;
(7) The class of
commercial motor vehicle or vehicles which the person is authorized to drive
together with any endorsements or restrictions;
(8) The name of
this State; and
(9) The dates
between which the license is valid.
'CDL' and must contain the information required by G.S. 20-7 for a regular drivers license."
Sec. 5. G.S. 20-52(a) reads as rewritten:
"(a) Every An owner
of a vehicle subject to registration hereunder shall make application to the
Division for the registration thereof and issuance of must apply to the
Division for a certificate of title for such vehicle upon the
appropriate form or forms furnished by the Division, and every such application
shall bear the signature of the owner written with pen and ink, and said
signature shall be acknowledged by the owner before a person authorized to
administer oaths, and said application shall contain: title, a
registration plate, and a registration card for the vehicle. To apply, an
owner must complete an application form provided by the Division. The
application form must request all of the following information and may request
other information the Division considers necessary:
(1) The name, bona fide
residence and mail address of the owner or business address of the owner if a
firm, association or corporation; owner's name.
(1a) If the owner is an individual, the following information:
a. The owner's mailing address and residence address.
b. The owner's social security number.
(1b) If the owner is a firm, a partnership, a corporation, or another entity, the address of the entity.
(2) A description of the
vehicle, including, insofar as the hereinafter specified data may exist with
respect to a given vehicle, the including the following:
a. The
make, model, type of body, the serial number of the vehicle, the engine
and other identifying numbers of the vehicle and whether and vehicle
identification number of the vehicle.
b. Whether
the vehicle is new or used, and used and, if a new vehicle,
the date of sale and actual date of delivery of vehicle by the manufacturer
or dealer to the person intending to operate such vehicle; the
manufacturer or dealer sold the vehicle to the owner and the date the
manufacturer or dealer delivered the vehicle to the owner.
(3) A statement of the applicant's
owner's title and of all liens upon the vehicle, including the names
and addresses of all lienholders in the order of their priority, and the date
and nature of each lien; lien.
(4) Such further
information as may reasonably be required by the Division to enable it to
determine whether the vehicle is lawfully entitled to registration and the
owner entitled to a certificate of title.
The application form must 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. In accordance with 42 U.S.C. 405(c)(2)(C)(v), the Division may disclose a social security number obtained under this subsection only for the purpose of administering the motor vehicle registration laws and may not disclose the social security number for any other purpose. The social security number of a person who applies to register a vehicle or of a person in whose name a vehicle is registered is therefore not a public record. A violation of the disclosure restrictions is punishable as provided in 42 U.S.C. 405(c)(2)(C)(vii)."
Sec. 6. G.S. 20-37.16(c) reads as rewritten:
"(c) The endorsements required to drive certain motor vehicles are as follows:
Endorsement Vehicles That Can Be Driven
H Vehicles carrying hazardous materials, other than tank vehicles
L Double trailers that are longer combination vehicles
M Motorcycles
N Tank vehicles not carrying hazardous materials
P Vehicles carrying passengers
T Double trailers other than longer combination vehicles
X Tank vehicles carrying hazardous materials.
To obtain an H or an X endorsement, an applicant must take a written
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 written test unless the person
has passed a written test that covers the information set out in 49
C.F.R. § 383.121 within the preceding two years."
Sec. 7. Sections 1 through 5 of this act become effective January 1, 1995. The remaining sections of this act are effective upon ratification.
In the General Assembly read three times and ratified this the 15th day of July, 1994.
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Dennis A. Wicker
President of the Senate
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Daniel Blue, Jr.
Speaker of the House of Representatives