GENERAL ASSEMBLY OF NORTH CAROLINA
1989 SESSION
CHAPTER 436
The General Assembly of North Carolina enacts:
Section 1. G.S. 20-7(c1) reads as rewritten:
"(c1) In addition to the other
requirements of this section, no person shall be issued a driver's license
until such person has furnished proof that he is financially responsible.
Proof of financial responsibility shall be in the form of one of the
following forms:
(1) A written
certificate or electronically-transmitted facsimile thereof of 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. Such certificate shall state that the policy
is in effect on the date of the issuance of the driver's license but shall not
in and of itself constitute a binder or policy of insurance. 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.
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 who do not reside in a household wherein any other household
member owns a motor vehicle 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 3C of General Statute Chapter 58.
The Commissioner may require that certificates required by this subsection be on a form approved by the Commissioner.
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."
Sec. 2. G.S 20-7(f) reads as rewritten:
"(f) The drivers' licenses issued under this section shall automatically expire on the birthday of the licensee in the fourth year following the year of issuance; and no new license shall be issued to any operator after the expiration of his license until such operator has again passed the examination specified in this section. Any operator may at any time within 60 days prior to the expiration of his license apply for a new license and if the applicant meets the requirements of this Article, the Division shall issue a new license to him. A new license issued within 60 days prior to the expiration of an applicant's old license or within 12 months thereafter shall automatically expire four years from the date of the expiration of the applicant's old license.
Any person serving in the armed forces of the United States on active duty and holding a valid driver's license properly issued under this section and stationed outside the State of North Carolina may renew his license by making application to the Division by mail. Any other person, except a nonresident as defined in this Article, who holds a valid driver's 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 ordinarily required for the renewal of a driver's license, and may impose in lieu thereof such conditions as it may deem appropriate to each particular application; provided that such license shall expire 30 days after licensee returns to North Carolina, and such license shall be designated as temporary.
Provided further, that no person who applies for the renewal of his driver's license shall be required to take a written examination or road test as a part of any such examination unless such person has been convicted of a traffic violation or had prayer for judgment continued with respect to any traffic violation within a four-year period immediately preceding the date of such person's renewal application or unless such person suffers from a mental or physical condition which impairs his ability to operate a motor vehicle.
Provided further, that no person who applies for the renewal
of his driver's license and who must take the written examination pursuant to
this section shall be issued a renewed license unless such person has furnished
proof that he is financially responsible. Proof of financial
responsibility shall be in the form of one of the following forms:
(1) A written
certificate or electronically-transmitted facsimile thereof of 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. Such certificate shall state that the policy
is in effect on the date of the renewal of the driver's license but shall not
in and of itself constitute a binder or policy of insurance. 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.
The provisions of the preceding paragraph 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 who do not reside in a household wherein any other household
member owns a motor vehicle 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 13C of General Statute Chapter 58.
The Commissioner may require that certificates required by this subsection be on a form approved by the Commissioner.
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."
Sec. 3. G.S. 20-13.2(e) reads as rewritten:
"(e) 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 the form of one of the following forms;
(1) A written
certificate or electronically-transmitted facsimile thereof of 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. Such certificate shall state that the policy
is in effect on the date of the restoration of the driver's license but shall
not in and of itself constitute a binder or policy of insurance. 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.
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 who do not reside in a household wherein any other household
member owns a motor vehicle 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 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 13C 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 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."
Sec. 4. G.S. 20-16.1(g) reads as rewritten:
"(g) 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 the form of one of the following forms:
(1) A written
certificate or electronically-transmitted facsimile thereof of 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. Such certificate shall state that the policy
is in effect on the date such privileges are granted but shall not in and of
itself constitute a binder or policy of insurance. 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.
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 who do not reside in a household wherein any other household
member owns a motor vehicle 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 13C 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."
Sec. 5. G.S. 20-19(k) reads as rewritten:
"(k) 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 the form of one of the following forms:
(1) A written
certificate or electronically-transmitted facsimile thereof of 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. Such certificate shall state that the policy
is in effect on the date of the restoration of the driver's license but shall
not in and of itself constitute a binder or policy of insurance. 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.
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 who do not reside in a household wherein any other household
member owns a motor vehicle 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 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 13C 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 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."
Sec. 6. G.S. 20-179.3(l) reads as rewritten:
"(l) 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 the form of one of the following forms;
(1) A written
certificate or electronically-transmitted facsimile thereof of 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. Such certificate shall state that the policy is in effect on
the date such privileges are granted but shall not in and of itself constitute
a binder or policy of insurance. 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.
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 who do not reside in a household wherein any other household
member owns a motor vehicle 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 13C 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."
Sec. 7. This act is effective upon ratification.
In the General Assembly read three times and ratified this the 26th day of June, 1989.