GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2013

 

 

SESSION LAW 2013-201

HOUSE BILL 322

 

 

AN ACT to allow the division of motor vehicles to waive the commercial skills test for retired or discharged members of the armed forces who also satisfy other requirements.

 

The General Assembly of North Carolina enacts:

 

SECTION 1.  G.S. 20-37.13(c1) reads as rewritten:

"(c1)     The Division may waive the skills test for applicantsany qualified military applicant at the time they applythe 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:

a.         Had any drivers license or driving privilege suspended, revoked, or cancelled;cancelled.

b.         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;G.S. 20-17.4.

c.         Been convicted of a violation of military, StateState, or local laws relating to motor vehicle traffic control, other than a parking violation, which violation arose in connection with any reportable traffic accident; oraccident.

d.         Refused to take a chemical test when charged with an implied consent offense, as defined in G.S. 20-16.2.

e.         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 90-day period immediately preceding the date of application in a jobmilitary position requiring the operation of a commercial motor vehicle, and the applicant either:meets either of the following requirements:

a.         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

b.         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.

c.         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 90-day period immediately preceding the date of application."

SECTION 2.  This act is effective when it becomes law.

In the General Assembly read three times and ratified this the 18th day of June, 2013.

 

 

                                                                    s/  Tom Apodaca

                                                                         Presiding Officer of the Senate

 

 

                                                                    s/  Thom Tillis

                                                                         Speaker of the House of Representatives

 

 

                                                                    s/  Pat McCrory

                                                                         Governor

 

 

Approved 4:35 p.m. this 26th day of June, 2013