GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2011

 

 

SESSION LAW 2011-385

SENATE BILL 636

 

 

AN ACT TO MODIFY THE LEVEL 2 RESTRICTIONS FOR PROVISIONAL LICENSES; TO REQUIRE A DRIVING LOG SHOWING SIXTY HOURS OF DRIVING TIME BY A PERSON WITH A LIMITED LEARNER'S PERMIT BEFORE A LEVEL 2 PROVISIONAL LICENSE MAY BE ISSUED; TO REQUIRE A DRIVING LOG SHOWING TWELVE HOURS OF DRIVING TIME BY A PROVISIONAL LICENSEE BEFORE A LEVEL 3 PROVISIONAL LICENSE MAY BE ISSUED; TO REQUIRE AN IMMEDIATE REVOCATION OF A PROVISIONAL LICENSE IF THE PROVISIONAL LICENSEE IS CHARGED WITH CERTAIN MOVING VIOLATIONS; AND TO REQUIRE THE DIVISION OF MOTOR VEHICLES TO REPORT ON THE EFFECTIVENESS OF THE PROVISIONS OF THIS ACT.

 

The General Assembly of North Carolina enacts:

 

SECTION 1.  G.S. 20-11(e) reads as rewritten:

"(e)       Level 2 Restrictions. - A limited provisional license authorizes the license holder to drive a specified type or class of motor vehicle only under the following conditions:

(2)        The license holder may drive without supervision in any of the following circumstances:

a.         From 5:00 a.m. to 9:00 p.m.

b.         When driving directly to or from work.

c.         When driving directly to or from an activity of a volunteer fire department, volunteer rescue squad, or volunteer emergency medical service, if the driver is a member of the organization.

."

SECTION 2.  G.S. 20-11(d) reads as rewritten:

"(d)      Level 2. - A person who is at least 16 years old but less than 18 years old may obtain a limited provisional license if the person meets all of the following requirements:

(1)        Has held a limited learner's permit issued by the Division for at least 12 months.

(2)        Has not been convicted of a motor vehicle moving violation or seat belt infraction or a violation of G.S. 20-137.3 during the preceding six months.

(3)        Passes a road test administered by the Division.

(4)        Has a driving eligibility certificate or a high school diploma or its equivalent.

(5)        Has completed a driving log, on a form approved by the Division, detailing a minimum of 60 hours as the operator of a motor vehicle of a class for which the driver has been issued a limited learner's permit. The log must show at least 10 hours of the required driving occurred during nighttime hours. No more than 10 hours of driving per week may be counted toward the 60-hour requirement. The driving log must be signed by the supervising driver and submitted to the Division at the time the applicant seeks to obtain a limited provisional license. If the Division has cause to believe that a driving log has been falsified, the limited learner's permit holder shall be required to complete a new driving log with the same requirements and shall not be eligible to obtain a limited provisional license for six months."

SECTION 3.  G.S. 20-11(f) reads as rewritten:

"(f)       Level 3. - A person who is at least 16 years old but less than 18 years old may obtain a full provisional license if the person meets all of the following requirements:

(1)        Has held a limited provisional license issued by the Division for at least six months.

(2)        Has not been convicted of a motor vehicle moving violation or seat belt infraction or a violation of G.S. 20-137.3 during the preceding six months.

(3)        Has a driving eligibility certificate or a high school diploma or its equivalent.

(4)        Has completed a driving log, on a form approved by the Division, detailing a minimum of 12 hours as the operator of a motor vehicle of a class for which the driver is licensed. The log must show at least six hours of the required driving occurred during nighttime hours. The driving log must be signed by the supervising driver for any hours driven outside the provisions of subdivision (e)(2) of this section and submitted to the Division at the time the applicant seeks to obtain a full provisional license. If the Division has cause to believe that a driving log has been falsified, the limited provisional licensee shall be required to complete a new driving log with the same requirements and shall not be eligible to obtain a full provisional license for six months."

SECTION 4.  Article 2 of Chapter 20 of the General Statutes is amended by adding a new section to read:

" 20-13.3.  Immediate civil license revocation for provisional licensees charged with certain offenses.

(a)        Definitions. - As used in this section, the following words and phrases have the following meanings:

(1)        Clerk. - As defined in G.S. 15A-101(2).

(2)        Criminal moving violation. - A violation of Part 9 or 10 of Article 3 of this Chapter which is punishable as a misdemeanor or a felony offense. This term does not include the offenses listed in the third paragraph of G.S. 20-16(c) for which no points are assessed, nor does it include equipment violations specified in Part 9 of Article 3 of this Chapter.

(3)        Judicial official. - As defined in G.S. 15A-101(5).

(4)        Provisional licensee. - A person under the age of 18 who has a limited learner's permit, a limited provisional license, or a full provisional license issued pursuant to G.S. 20-11.

(5)        Revocation report. - A sworn statement by a law enforcement officer containing facts indicating that the conditions of subsection (b) of this section have been met.

(b)        Revocations for Provisional Licensees Charged With Criminal Moving Violation. - A provisional licensee's permit or license is subject to revocation under this section if a law enforcement officer has reasonable grounds to believe that the provisional licensee has committed a criminal moving violation, the provisional licensee is charged with that offense, and the provisional licensee is not subject to a civil revocation pursuant to G.S. 20-16.5.

(c)        Duty of Law Enforcement Officers to Report to Judicial Officials. - If a provisional licensee's permit or license is subject to revocation under this section, the law enforcement officer must execute a revocation report and must take the provisional licensee before a judicial official for an initial appearance. It is the specific duty of the law enforcement officer to make sure that the report is expeditiously filed with a judicial official as required by this section.

(d)        Judicial Official Must Receive Report; Procedure Upon Receipt of Report. - The law enforcement officer must file the revocation report with the judicial official conducting the initial appearance on the underlying criminal moving violation. If a properly executed revocation report concerning a provisional licensee is filed with a judicial official when the person is present before that official, the judicial official shall, after completing any other proceedings involving the provisional licensee, determine whether there is probable cause to believe that the conditions of subsection (b) of this section have been met. If the judicial official determines there is such probable cause, the judicial official shall enter an order revoking the provisional licensee's permit or license. The period of revocation is for 30 days and begins at the time the revocation order is issued and continues for 30 additional calendar days. The judicial official shall give the provisional licensee a copy of the revocation order, which shall include the beginning date of the revocation and shall clearly state the final day of the revocation period and the date on which the provisional licensee's permit or license will again become valid. The provisional licensee shall not be required to surrender the provisional licensee's permit or license; however, the provisional licensee shall not be authorized to drive at any time or for any purpose during the period of revocation.

(e)        Report to Division. - The clerk shall notify the Division of the issuance of a revocation order pursuant to this section within two business days of the issuance of the revocation order. The notification shall identify the person whose provisional license has been revoked and specify the beginning and end date of the revocation period.

(f)         Effect of Revocations. - A revocation under this section revokes a provisional licensee's privilege to drive in North Carolina. Revocations under this section are independent of and run concurrently with any other revocations, except for a revocation pursuant to G.S. 20-16.5. Any civil revocation issued pursuant to G.S. 20-16.5 for the same underlying conduct as a revocation under this section shall have the effect of terminating a revocation pursuant to this section. No court imposing a period of revocation following conviction for an offense involving impaired driving may give credit for any period of revocation imposed under this section. A person whose license is revoked pursuant to this section is not eligible to receive a limited driving privilege.

(g)        Designation of Proceedings. - Proceedings under this section are civil actions and must be identified by the caption "In the Matter of ______" and filed as directed by the Administrative Office of the Courts.

(h)        No drivers license points or insurance surcharge shall be assessed for a revocation pursuant to this section."

SECTION 5.  The Division of Motor Vehicles shall study the issue of teen driving and the effectiveness of the provisions of this act. In conducting the study, the Division shall determine if, since the effective date of this act:

(1)        The number of property damage crashes involving provisional licensees has decreased.

(2)        The number of personal injury crashes involving provisional licensees has decreased.

(3)        The number of fatal crashes involving provisional licensees has decreased.

(4)        The number of moving violations by provisional licensees has decreased.

(5)        The number of seat belt violations by provisional licensees has decreased.

The Division shall also include in its study any additional statistics or information it finds relevant to evaluating the effectiveness of this act and any recommendations for improving the safety of teen drivers.

The Division shall report its findings to the Joint Legislative Transportation Oversight Committee not later than February 1, 2014.

SECTION 6.  Sections 1, 2, and 3 of this act become effective October 1, 2011, and apply to limited learner's permits and limited provisional licenses issued on or after that date.  Section 4 of this act becomes effective October 1, 2011, and applies to offenses committed on or after that date.  The remainder of this act becomes effective October 1, 2011.

In the General Assembly read three times and ratified this the 18th day of June, 2011.

 

 

                                                                    s/  Philip E. Berger

                                                                         President Pro Tempore of the Senate

 

 

                                                                    s/  Thom Tillis

                                                                         Speaker of the House of Representatives

 

 

                                                                    s/  Beverly E. Perdue

                                                                         Governor

 

 

Approved 1:19 p.m. this 27th day of June, 2011