GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1997

 

 

SESSION LAW 1998-149

HOUSE BILL 1474

 

 

AN ACT TO AMEND THE MOTOR VEHICLE LAWS TO CONFORM WITH FEDERAL LAW AND TO MAKE TECHNICAL AND OTHER CHANGES.

 

The General Assembly of North Carolina enacts:

 

Section 1.  G.S. 20-4.01(25a) reads as rewritten:

"(25a)  Out of Service Order. - A temporary prohibition against driving a commercial motor vehicle. A declaration that a driver, a commercial motor vehicle, or a motor carrier operation is out-of-service."

Section 2.  G.S. 20-7(f) reads as rewritten:

"(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 180-day period before the license expires. The Division may not accept an application for renewal made before the 60-day 180-day period begins.

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 serving on active duty in the armed forces of the United States 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.

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."

Section 2.1.  G.S. 20-11(h) reads as rewritten:

"(h)      Out-of-State Exceptions. -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 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 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."

Section 2.2.  G.S. 20-11 is amended by adding a new subsection to read:

"(h1)    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."

Section 2.3.  G.S. 20-11 is amended by adding a new subsection to read:

"(h2)    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."

Section 2.4.  G.S. 20-11(i) reads as rewritten:

"(i)       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 be:

(1)       the The applicant's parent or guardian if the parent or guardian resides in this State and is qualified to be a supervising driver. In all other circumstances, that person must be an adult approved by the Division. guardian;

(2)       A person approved by the applicant's parent or guardian; or

(3)       A person approved by the Division."

Section 2.5.  G.S. 20-11(k) reads as rewritten:

"(k)      Supervising Driver. - A supervising driver must be a parent or guardian of the permit holder or license holder if a parent or guardian signed the application for the permit or license. If a parent or guardian did not sign the application, the supervising driver must be the adult who signed the application. or a responsible person approved by the parent or guardian or the Division. A supervising driver must be a licensed driver who has been licensed to drive for at least five years. A supervising driver must sign the application for a permit or license.  Each permit or license issued pursuant to this section shall be limited to a maximum of two supervising drivers."

Section 3.  G.S. 20-17.4 reads as rewritten:

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

(a)       One Year. - Any of the following disqualifies a person from driving a commercial motor vehicle for one year:

(1)       A first conviction of G.S. 20-138.1, driving while impaired, that occurred while the person was driving 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, involving a commercial motor vehicle driven by the person.

(4)       A first conviction of a felony in the commission of which a commercial motor vehicle was used.

(5)       Refusal 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.

(b)       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.

(c)       Life. - A person is disqualified from driving a commercial motor vehicle for life if that person 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.

(d)       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, committed in a commercial motor vehicle arising from separate incidents occurring within a three-year period.

(e)       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.

(f)        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.

(g)       Violation of Out-of-Service Order. - Any person 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 90 days if convicted of a first violation of an out-of-service order.

(2)       A person is disqualified for a period of one year if convicted of a second violation of an out-of-service order during any 10-year period, arising from separate incidents.

(3)       A person is disqualified for a period of three years if convicted of a third or subsequent violation of an out-of-service order during any 10-year period, arising from separate incidents.

(h)       Violation of Out-of-Service Order; Special Rule for Hazardous Materials and Passenger Offenses. - Any person convicted for violating an out-of-service order while transporting hazardous materials or while operating a commercial vehicle designed or used to transport more than 15 passengers, including the driver, shall be disqualified as follows:

(1)       A person is disqualified for a period of 180 days if convicted of a first violation of an out-of-service order.

(2)       A person is disqualified for a period of three years if convicted of a second or subsequent violation of an out-of-service order during any 10-year period, arising from separate incidents.

(i)        Disqualification for Out-of-State Violations. - The Division shall withdraw the privilege to operate a commercial vehicle of any resident of this State upon receiving notice of the person's conviction in another state for an offense that, if committed in this State, would be grounds for disqualification.  The period of disqualification shall be the same as if the offense occurred in this State.

(j)        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."

Section 4.  G.S. 20-37.12(b) reads as rewritten:

"(b)      The out-of-service criteria as referred to in 49 C.F.R. §§392.5 and 395.13, as adopted by the Division, 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."

Section 5.  G.S. 20-37.16(c) reads as rewritten:

"(c)      Endorsements. - 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 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

T                                  Double trailers

X                                 Tank vehicles carrying hazardous materials.

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."

Section 6.  G.S. 20-115.1(b) reads as rewritten:

"(b)      Motor vehicle combinations consisting of a semitrailer of not more than 53 feet in length and a truck tractor may be operated on the interstate highways (except those exempted by the United States Secretary of Transportation pursuant to 49 U.S.C. 2311(i)) and federal-aid primary system highways designated by the United States Secretary of Transportation provided that that:

(1)       any Any semitrailer in excess of 48 feet in length shall not be permitted unless unless:

a.         the The distance between the kingpin of the trailer and the rearmost axle axle, or a point midway between the two rear axles, if the two rear axles are a tandem axle, does not exceed 41 feet; and or

b.         The semitrailer is used exclusively or primarily to transport vehicles in connection with motorsports competition events, and the distance between the kingpin of the trailer and the rearmost axle, or a point midway between the two rear axles, if the two rear axles are a tandem axle, does not exceed 46 feet; and

(2)       provided that any Any semitrailer in excess of 48 feet is equipped with a rear underride guard of substantial construction consisting of a continuous lateral beam extending to within four inches of the lateral extremities of the semitrailer and located not more than 30 inches from the surface as measured with the vehicle empty and on a level surface."

Section 7.  G.S. 20-116(d) reads as rewritten:

"(d)      A single vehicle having two axles shall not exceed 35 40 feet in length of extreme overall dimensions inclusive of front and rear bumpers. Provided, however, a bus or motor home with two axles shall not exceed 40 feet in length overall of dimensions inclusive of front and rear bumpers. A single vehicle having three axles shall not exceed 40 feet in length overall of dimensions inclusive of front and rear bumpers. Provided, further, however, trucks transporting unprocessed cotton from farm to gin shall not exceed 48 feet in length overall of dimensions inclusive of front and rear bumpers. A truck-tractor and semitrailer shall be regarded as two vehicles for the purpose of determining lawful length and license taxes."

Section 8.  G.S. 20-118(b)(3) reads as rewritten:

"(3)      The gross weight imposed upon the highway by any axle group of a vehicle or combination of vehicles shall not exceed the maximum weight given for the respective distance between the first and last axle of the group of axles measured longitudinally to the nearest foot as set forth in the following table:

 

Distance               Maximum Weight in Pounds for any Group of Two

Between                              or More Consecutive Axles

Axles*                2 Axles           3 Axles           4 Axles         5 Axles           6 Axles     7 Axles

4                     38000

5                     38000

6                     38000

7                     38000

8 or less        38000             38000

more than 8   38000             42000

9                     39000             42500

10                  40000             43500

11                                          44000

12                                          45000             50000

13                                          45500             50500

14                                          46500             51500

15                                          47000             52000

16                                          48000             52500           58000

17                                          48500             53500           58500

18                                          49500             54000           59000

19                                          50000             54500           60000

20                                          51000             55500           60500             66000

21                                          51500             56000           61000             66500

22                                          52500             56500           61500             67000

23                                          53000             57500           62500             68000

24                                          54000             58000           63000             68500        74000

25                                          54500             58500           63500             69000        74500

26                                          55500             59500           64000             69500        75000

27                                           56000             60000           65000             70000        75500

28                                          57000             60500           65500             71000        76500

29                                          57500             61500           66000             71500        77000

30                                          58500             62000**      66500             72000        77500

31                                          59000             62500**      67500             72500        78000

32                                          60000             63500**      68000             73000        78500

33                                                                  64000**      68500             74000        79000

34                                                                  64500**      69000             74500        80000

35                                                                  65500**      70000             75000

36                                                                  66000**      70500             75500

37                                                                  66500**      71000             76000

38                                                                  67500**      72000             77000

39                                                                  68000           72500             77500

40                                                                  68500           73000             78000

41                                                                  69500           73500             78500

42                                                                  70000           74000             79000

43                                                                  70500           75000             80000

44                                                                  71500           75500

45                                                                  72000           76000

46                                                                  72500           76500

47                                                                  73500           77500

48                                                                  74000           78000

49                                                                  74500           78500

50                                                                  75500           79000

51                                                                  76000           80000

52                                                                  76500

53                                                                  77500

54                                                                  78000

55                                                                  78500

56                                                                  79500

57                                                                  80000

*Distance in Feet Between the Extremes of any Group of Two or More Consecutive Axles.

**See exception in G.S. 20-118(c)(1)."

Section 9.  G.S. 20-118(c)(10) reads as rewritten:

"(10)   Fully enclosed motor vehicles designed specifically for collecting, compacting and hauling garbage from residences, or from garbage dumpsters shall, when operating for those purposes, be allowed a single axle weight not to exceed 23,500 pounds on the steering axle on vehicles equipped with a boom, or on the rear axle on vehicles loaded from the rear. This exemption shall not apply to vehicles operating on interstate highways, vehicles transporting hazardous waste as defined in G.S. 130A-290(a)(8), spent nuclear fuel regulated under G.S. 20-167.1, low-level radioactive waste as defined in G.S. 104E-5(9a), or radioactive material as defined in G.S. 104E-5(14)."

Section 9.1. G.S. 20-118(c) is amended by adding a new subdivision to read:

"(13)   Vehicles specifically designed for fire fighting that are owned by a municipal or rural fire department. This exception does not apply to vehicles operating on interstate highways."

Section 9.2.  G.S. 20-183(b) reads as rewritten:

"(b)      In addition to other duties and powers heretofore existing, all law-enforcement officers charged with the duty of enforcing the motor vehicle laws are authorized to issue warning tickets to motorists for conduct constituting a potential hazard to the motoring public which does not amount to a definite, clear-cut, substantial violation of the motor vehicle laws. Each warning ticket issued shall be prenumbered and  shall contain information necessary to identify the offender, and shall be signed by the issuing officer. A copy of each warning ticket issued shall be delivered to such offender and a copy thereof forwarded by the issuing officer forthwith to the Driver License Section of the Division of Motor Vehicles the offender. Information from issued warning tickets shall be made available to the Drivers License Section of the Division of Motor Vehicles in a manner approved by the Commissioner but shall not be filed with or in any manner become a part of the offender's driving record.  Warning tickets issued as well as the fact of issuance shall be privileged information and available only to authorized personnel of the Division for statistical and analytical purposes."

Section 10.  G.S. 20-217(a) reads as rewritten:

"(a)      The driver of any vehicle upon approaching from any direction on the same street or highway street, highway, or public vehicular area any school bus (including privately owned buses transporting children and school buses transporting senior citizens under G.S. 115C-243), while the bus is displaying its mechanical stop signal or flashing red stoplights, and is stopped for the purpose of receiving or discharging passengers, shall bring his the vehicle to a full stop before passing or attempting to pass the bus, and shall remain stopped until the mechanical stop signal has been withdrawn, the flashing red stoplights have been turned off, and the bus has moved on."

Section 11.  G.S. 20-376(1) reads as rewritten:

"(1)      Federal safety and hazardous materials regulations. - The federal motor carrier safety regulations contained in 49 C.F.R. Parts 170 through 190, 382 382, and 390 through 398."

Section 11.1.  G.S. 163-82.19 reads as rewritten:

"§ 163-82.19.  Voter registration at drivers license offices.

The Division of Motor Vehicles shall, pursuant to the rules adopted by the State Board of Elections, modify its forms so that any eligible person who applies for original issuance, renewal or correction of a drivers license, or special identification card issued under G.S. 20-37.7 may, on a part of the form, complete an application to register to vote or to update his registration if the voter has changed his address or moved from one precinct to another or from one county to another.  The person taking the application shall ask if the applicant is a citizen of the United States.  If the applicant states that the applicant is not a citizen of the United States, or declines to answer the question, the person taking the application shall inform the applicant that it is a felony for a person who is not a citizen of the United States to apply to register to vote.  Any person who willfully and knowingly and with fraudulent intent gives false information on the application is guilty of a Class I felony. The application shall state in clear language the penalty for violation of this section. The necessary forms shall be prescribed by the State Board of Elections. The form must ask for the previous voter registration address of the voter, if any. If a previous address is listed, and it is not in the county of residence of the applicant, the appropriate county board of elections shall treat the application as an authorization to cancel the previous registration and also process it as such under the procedures of G.S. 163-82.9. If a previous address is listed and that address is in the county where the voter applies to register, the application shall be processed as if it had been submitted under G.S. 163-82.9.

Registration shall become effective as provided in G.S. 163-82.7. Applications to register to vote accepted at a drivers license office under this section until the deadline established in G.S. 163-82.6(c)(2) shall be treated as timely made for an election, and no person who completes an application at that drivers license office shall be denied the vote in that election for failure to apply earlier than that deadline.

All applications shall be forwarded by the Department of Transportation to the appropriate board of elections not later than five business days after the date of acceptance, according to rules which shall be promulgated by the State Board of Elections."

Section 12.  G.S. 20-381 reads as rewritten:

"§ 20-381.  Specific powers and duties of Division applicable to motor carriers.

The Division has the following powers and duties concerning motor carriers:

(1)       To prescribe qualifications and maximum hours of service of drivers and their helpers.

(1a)     To set safety standards for vehicles of motor carriers engaged in foreign, interstate, or intrastate commerce over the highways of this State and for the safe operation of these vehicles. The Division may stop, enter upon, and perform inspections of motor carriers' vehicles in operation to determine compliance with these standards and may conduct any investigations and tests it finds necessary to promote the safety of equipment and the safe operation on the highway of these vehicles.

(1b)     To enforce this Article, rules adopted under this Article, and the federal safety and hazardous materials regulations.

(2)       To enter the premises of a motor carrier to inspect a motor vehicle or any equipment used by the motor carrier in transporting passengers [or property].  or property.

(2a)     To prohibit the use by a motor carrier of any motor vehicle or motor vehicle equipment the Division finds unsafe for use in the transportation of passengers or property on a highway. If an agent of the Division finds a motor vehicle of a motor carrier in actual use upon the highways in the transportation of passengers or property to be unsafe or any parts thereof or any equipment thereon to be unsafe and is of the opinion that further use of such vehicle, parts or equipment are imminently dangerous, the agent may require the operator thereof to discontinue its use and to substitute therefor a safe vehicle, parts or equipment at the earliest possible time and place, having regard for both the convenience and the safety of the passengers or property. When an inspector or agent stops a motor vehicle on the highway, under authority of this section, and the motor vehicle is in operative condition and its further movement is not dangerous to the passengers or property or to the users of the highways, it shall be the duty of the inspector or agent to guide the vehicle to the nearest point of substitution or correction of the defect. Such agents or inspectors shall also have the right to stop any motor vehicle which is being used upon the public highways for the transportation of passengers or property by a motor carrier subject to the provisions of this Article and to eject therefrom any driver or operator who shall be operating or be in charge of such motor vehicle while under the influence of alcoholic beverages. beverages or impairing substances. It shall be the duty of all inspectors and agents of the Division to make a written report, upon a form prescribed by the Division, of inspections of all motor equipment and a copy of each such written report, disclosing defects in such equipment, shall be served promptly upon the motor carrier operating the same, either in person by the inspector or agent or by mail. Such agents and inspectors shall also make and serve a similar written report in cases where a motor vehicle is operated in violation of this Chapter or, if the motor vehicle is subject to regulation by the North Carolina Utilities Commission, of Chapter 62 of the General Statutes.

(3)       To relieve the highways of all undue burdens and safeguard traffic thereon by adopting and enforcing rules and orders designed and calculated to minimize the dangers attending transportation on the highways of all hazardous materials and other commodities."

Section 13.  Sections 1 through 12 of this act become effective December 1, 1998.  Sections 2.l, 2.2, 2.3, 2.4, 2.5, and 13 are effective when this act becomes law.

In the General Assembly read three times and ratified this the 10th day of September, 1998.

s/   Dennis A. Wicker

President of the Senate

 

s/   Harold J. Brubaker

Speaker of the House of Representatives

 

s/   James B. Hunt, Jr.

Governor

 

Approved 9:57 a.m. this 18th day of September, 1998