NORTH CAROLINA GENERAL ASSEMBLY

1971 SESSION

 

 

CHAPTER 1218

SENATE BILL 924

 

 

AN ACT TO AMEND CHAPTER 20 OF THE GENERAL STATUTES TO PROVIDE A HEARING FOR PERSONS WHO SUFFER A LAPSE IN MOTOR VEHICLE LIABILITY INSURANCE COVERAGE AND AFFORD RELIEF TO INDIVIDUALS WHO ARE NOT AT FAULT IN CAUSING SUCH LAPSE.

 

The General Assembly of North Carolina enacts:

 

Section 1.  Article 13 of Chapter 20 of the General Statutes is amended by inserting therein a new section to be designated "G.S. 20-316" to read as follows:

"§ 20-316.  Departmental hearings upon lapse of liability insurance coverage. — Any person whose registration plate has been revoked under G.S. 20-309(e) or G.S. 20-311 may within 10 days from the date of receipt of the notice of revocation request a hearing. Upon receipt of such request, the Department shall, as early as practical, afford him an opportunity for hearing. Upon such hearing the duly authorized agents of the Department may administer oaths and issue subpeonas for the attendance of witnesses and the production of relevant books and documents. If, at the conclusion of the hearing, it appears to the agent of the Department that continuous financial responsibility has existed with regard to the vehicle involved or if continuous financial responsibility has not existed, that the lapse in financial responsibility is not due to any fault on the part of the person whose registration plate has been revoked, the Department may withdraw its order of revocation and such person may retain his registration plate. Otherwise, the order of revocation shall be affirmed and the registration plate surrendered."

Sec. 2.  This act shall become effective September 1, 1971.

In the General Assembly read three times and ratified, this the 21st day of July, 1971.