GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2009

S                                                                                                                                                     3

SENATE BILL 64

Judiciary I Committee Substitute Adopted 3/10/09
Third Edition Engrossed 3/11/09

Short Title:        Motorcycle Learner's Permit.	(Public)
Sponsors:
Referred to:

February 5, 2009

A BILL TO BE ENTITLED

AN ACT to shorten the duration and amend the requirements for a motorcycle learner's permit, and clarify the requirements for obtaining a motorcycle endorsement.

The General Assembly of North Carolina enacts:

SECTION 1.  G.S. 20‑7(a1) reads as rewritten:

"(a1)     Motorcycles and Mopeds. – To drive a motorcycle, a person shall have:have one of the following:

(1)        A full provisional license with a motorcycle learner's permit; permit.

(2)        A regular drivers license with a motorcycle learner's permit; or permit.

(3)        Either:

a.         A full provisional license; or license with a motorcycle endorsement.

b.

(4)        A regular drivers license, with a motorcycle endorsement.

To obtain a motorcycle endorsement, a person shall demonstrate competence to drive a motorcycle by passing a written or oral test concerning motorcycles and providing proof of successful completion of one of the following:

(1) The Motorcycle Safety Foundation Basic Rider Course or Experienced Rider Course.

(2) The North Carolina Motorcycle Safety Education Program Basic Rider Course or Experienced Rider Course.

(3) Any course approved by the Commissioner.

The person shall pay the fee set in subsection (i) of this section for a motorcycle endorsement. A person less than 18 years of age with a motorcycle endorsement may not drive a motorcycle with a passenger. Subsection (a2) of this section sets forth the requirements for a motorcycle learner's permit.

To obtain a motorcycle endorsement, a person shall demonstrate competence to drive a motorcycle by:

(1) Passing a road test;

(2) Passing a written or oral test concerning motorcycles; and

(3) Paying the fee for a motorcycle endorsement.

Neither a drivers license nor a motorcycle endorsement is required to drive a moped."

SECTION 2.  G.S. 20‑7(a2) reads as rewritten:

"(a2)     Motorcycle Learner's Permit. – The following persons are eligible for a motorcycle learner's permit:

(1)        A person who is at least 16 years old but less than 18 years old and has a full provisional license issued by the Division.

(2)        A person who is at least 18 years old and has a license issued by the Division.

To obtain a motorcycle learner's permit, an applicant shall pass a vision test, a road sign test, and a written test specified by the Division. An applicant who is less than 18 years old, or any applicant who has held a valid drivers license for less than two years, shall successfully complete the Motorcycle Safety Foundation Basic Rider Course or the North Carolina Motorcycle Safety Education Program Basic Rider Course. A motorcycle learner's permit expires 18 months six months after it is issued. issued and may be renewed for one additional six‑month period. The holder of a motorcycle learner's permit may not drive a motorcycle with a passenger. The fee for a motorcycle learner's permit is the amount set in G.S. 20‑7(l) for a learner's permit."

SECTION 3.  The Commissioner of Motor Vehicles shall determine the availability of spaces for students in the Motorcycle Safety Foundation courses, the North Carolina Motorcycle Safety Education Program courses, and any other motorcycle education courses the Commissioner has approved in the State, in order to determine if there is adequate space in the available courses to meet the expected demand, and if the projected average wait time for an applicant to obtain a space in a course required by this act will exceed four weeks. The Commissioner shall report the results of the study to the Joint Legislative Commission on Governmental Operations on or before March 1, 2010.

SECTION 4.  Sections 1 and 2 of this act become effective July 1, 2010. The remainder of this act becomes effective when it becomes law. The requirement for completing a riding course specified in this act does not apply to a motorcycle learner's permit issued prior to the effective date of this act, or to the renewal of any motorcycle endorsement first issued prior to the effective date of this act. A motorcycle learner's permit issued prior to the effective date of this act expires on the date indicated on the permit, and may be renewed for one additional six-month period.