GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2013

H                                                                                                                                                    3

HOUSE BILL 1025*

Committee Substitute Favorable 6/3/14
Third Edition Engrossed 6/4/14

Short Title:        DOT/DMV Changes.	(Public)
Sponsors:
Referred to:

May 15, 2014

A BILL TO BE ENTITLED

AN ACT to (1) AUTHORIZE continuances of DIVISION of motor vehicles inspection station violation cases; (2) provide that agricultural tourism signs on state highways are subject to department of TRANSPORTATION location and placement rules; (3) change the due date for the North carolina turnpike authority annual audit Report to october; (4) repeal a requirement that the department of TRANSPORTATION annually report RIGHT turn on red pedestrian crashes; (5) amend the state drivers LICENSE material TECHNICAL STANDARDS; (6) apply alternate prioritization CRITERIA under the strategic transportation investments act formula to Federal and state funds used for emergency REPAIR work; and (7) reenact the AUTHORIZation for the department of TRANSPORTATION to participate in private DEVELOPER contracts for IMPROVEMENTS to the state highway system, subject to a limit of the lesser of ten percent or two hundred fifty thousand dollars, AS RECOMMENDED BY THE JOINT LEGISLATIVE TRANSPORTATION OVERSIGHT COMMITTEE; and to authorize the department of TRANSPORTATION to install and operate ramp meters, and to provide that VIOLATION of a ramp meter signal is an infraction.

The General Assembly of North Carolina enacts:

DMV INSPECTION STATION CASE CONTINUANCES

SECTION 1.  G.S. 20‑183.8G reads as rewritten:

"§ 20‑183.8G.  Administrative and judicial review.

(a)        Right to Hearing. – A person who applies for a license or registration under this Part or who has a license or registration issued under this Part has the right to a hearing when any of the following occurs:

(1)        The Division denies the person's application for a license or registration.

(2)        The Division delivers to the person a written statement of charges of a violation that could result in the suspension or revocation of the person's license.

(3)        The Division summarily suspends or revokes the person's license following review and authorization of the proposed adverse action by a judge.

(4)        The Division assesses a civil penalty against the person.

(5)        The Division issues a warning letter to the person.

(6)        The Division cancels the person's registration.

(b)        Hearing After Statement of Charges. – When a license holder receives a statement of charges of a violation that could result in the suspension or revocation of the person's license, the person can obtain a hearing by making a request for a hearing. The person must make the request to the Division within 10 days after receiving the statement of the charges. A person who does not request a hearing within this time limit waives the right to a hearing.

The Division must hold a hearing requested under this subsection within 30 days after receiving the request.request, unless the matter is continued for good cause. The hearing must be held at the location designated by the Division. Suspension or revocation of the license is stayed until a decision is made following the hearing.

If a person does not request a hearing within the time allowed for making the request, the proposed suspension or revocation becomes effective the day after the time for making the request ends. If a person requests a hearing but does not attend the hearing, the proposed suspension or revocation becomes effective the day after the date set for the hearing.

(c)        Hearing After Summary Action. – When the Division summarily suspends a license issued under this Part after judicial review and authorization of the proposed action, the person whose license was suspended or revoked may obtain a hearing by filing with the Division a written request for a hearing. The request must be filed within 10 days after the person was notified of the summary action. The Division must hold a hearing requested under this subsection within 14 days after receiving the request.

(d)        All Other Hearings. – When this section gives a person the right to a hearing and subsection (b) or (c) of this section does not apply to the hearing, the person may obtain a hearing by filing with the Division a written request for a hearing. The request must be filed within 10 days after the person receives written notice of the action for which a hearing is requested. The Division must hold a hearing within 90 days after the Division receives the request.request, unless the matter is continued for good cause.

(e)        Review by Commissioner. – The Commissioner may conduct a hearing required under this section or may designate a person to conduct the hearing. When a person designated by the Commissioner holds a hearing and makes a decision, the person who requested the hearing has the right to request the Commissioner to review the decision. The procedure set by the Division governs the review by the Commissioner of a decision made by a person designated by the Commissioner.

(f)         Decision. – Upon the Commissioner's review of a decision made after a hearing on the imposition of a monetary penalty against a motorist for an emissions violation or on a Type I, II, or III violation by a license holder, the Commissioner must uphold any monetary penalty, license suspension, license revocation, or warning required by G.S. 20‑183.7A, G.S. 20‑183.8A or G.S. 20‑183.8B, respectively, if the decision is based on evidence presented at the hearing that supports the hearing officer's determination that the motorist or license holder committed the act for which the monetary penalty, license suspension, license revocation, or warning was imposed. Pursuant to the authority under G.S. 20‑183.7A(c) and G.S. 20‑183.8B(c), the Commissioner may order a suspension for a first occurrence Type I violation of a station to be stayed upon reasonable compliance terms to be determined by the Commissioner. Pursuant to the authority under G.S. 20‑183.7A(d1) and G.S. 183.8B(c2), the Commissioner may order the suspensions against a license holder to run consecutively or concurrently. The Commissioner may uphold, dismiss, or modify a decision made after a hearing on any other action.

(g)        Judicial Review. – Article 4 of Chapter 150B of the General Statutes governs judicial review of an administrative decision made under this section."

AGRITOURISM SIGN LOCATION/DOT STANDARDS

SECTION 2.  G.S. 106‑22.5(a) reads as rewritten:

"(a)       The Department of Agriculture and Consumer Services shall work with the Department of Transportation to provide directional signs on major highways at or in reasonable proximity to the nearest interchange or within one mile leading to an agricultural facility that promotes tourism by providing tours and on‑site sales or samples of North Carolina agricultural products to area tourists. The Department shall follow the sign location and placement rules of the Department of Transportation's Tourist‑Oriented Directional Signs and Logo Signs programs."

TURNPIKE AUTHORITY ANNUAL AUDIT DATE CHANGE

SECTION 3.  G.S. 136‑89.193(b) reads as rewritten:

"(b)      Annual Reports. – The Authority shall, promptly following the close of each fiscal year, submit an annual report of its activities for the preceding year to the Governor, the General Assembly, and the Department of Transportation. Each report shall be accompanied by an In addition, an annual audit of its books and accounts. accounts shall be submitted to the Governor, the General Assembly, and the Department of Transportation when completed in October of each year."

REPEAL REPORT/RIGHT TURN ON RED

SECTION 4.  G.S. 20‑158(b)(2)d. is repealed.

DRIVERS LICENSE MATERIAL TECHNICAL STANDARD

SECTION 5.  G.S. 20‑7(n) reads as rewritten:

"(n)       Format. – A drivers license issued by the Division must be tamperproof and must contain all of the following information:

(1)        An identification of this State as the issuer of the license.

(2)        The license holder's full name.

(3)        The license holder's residence address.

(4)        A color photograph, or a properly applied laser engraved picture on polycarbonate material, of the license holder, taken by the Division.A color photograph of the license holder applied to material that is measured by the industry standard of security and durability and is resistant to tampering and reproduction.

(5)        A physical description of the license holder, including sex, height, eye color, and hair color.

(6)        The license holder's date of birth.

(7)        An identifying number for the license holder assigned by the Division. The identifying number may not be the license holder's social security number.

(8)        Each class of motor vehicle the license holder is authorized to drive and any endorsements or restrictions that apply.

(9)        The license holder's signature.

(10)      The date the license was issued and the date the license expires.

The Commissioner shall ensure that applicants 21 years old or older are issued drivers licenses and special identification cards that are printed in a horizontal format. The Commissioner shall ensure that applicants under the age of 21 are issued drivers licenses and special identification cards that are printed in a vertical format, that distinguishes them from the horizontal format, for ease of identification of individuals under age 21 by members of industries that regulate controlled products that are sale restricted by age and law enforcement officers enforcing these laws.

At the request of an applicant for a drivers license, a license issued to the applicant must contain the applicant's race."

ALTERNATE CRITERIA FOR EMERGENCY REPAIR UNDER STRATEGIC TRANSPORTATION INVESTMENTS ACT

SECTION 6.  G.S. 136‑189.11 is amended by adding a new subsection to read:

"(c1) Emergency Funds With Alternative Criteria. – The following funds, obligated in support of emergency repair work necessary to restore essential travel, minimize the extent of damage, or protect remaining facilities, as a result of events that occurred during a federal- or State-declared emergency that significantly damaged the State‑maintained transportation system to the extent that safe passage is jeopardized, shall be subject to subsection (d) of this section but shall not be subject to the prioritization criteria set forth in that subsection:

(1) Federal or State funds obligated for repairs for which federal Emergency Relief Funds are available pursuant to 23 U.S.C. § 125.

(2) State funds obligated for repairs to damage occurring as a result of an event that is lawfully declared to be a federal or State emergency."

DOT PARTNERSHIP WITH PRIVATE DEVELOPERS

SECTION 7.  Section 2 of S.L. 2009‑235 reads as rewritten:

"SECTION 2. This act is effective when it becomes law. This act shall expire on December 31, 2011.December 31, 2016."

RAMP METER AUTHORIZED

SECTION 8.(a)  G.S. 20‑4.01 is amended by adding a new subdivision to read:

"(32a) Ramp Meter. – A traffic control device that consists of a circular red and circular green display placed at a point along an interchange entrance ramp."

SECTION 8.(b) G.S. 20‑158(c) is amended by adding a new subdivision to read:

"(6) When a ramp meter is displaying a circular red display, vehicles facing the red light must stop. When a ramp meter is displaying a circular green display, a vehicle may proceed for each lane of traffic facing the meter. When the display is dark or not emitting a red or green display, a vehicle may proceed without stopping. A violation of this subdivision is an infraction. No drivers license points or insurance surcharge shall be assessed as a result of a violation of this subdivision."

SECTION 8.(c)  G.S. 20‑4.01(32a) reads as rewritten:

"(32a)(32b)            Recreational Vehicle. – A vehicular type unit primarily designed as temporary living quarters for recreational, camping, or travel use that either has its own motive power or is mounted on, or towed by, another vehicle. The basic entities are camping trailer, fifth‑wheel travel trailer, motor home, travel trailer, and truck camper.

…."

SECTION 8.(d)  G.S. 20‑4.01(32b) reads as rewritten:

"(32b)(32c)            Regular Drivers License. – A license to drive a commercial motor vehicle that is exempt from the commercial drivers license requirements or a noncommercial motor vehicle."

SECTION 8.(e)  G.S. 20‑305(6)d.1.I reads as rewritten:

"I.         Each new and unsold motor vehicle within the new motor vehicle dealer's inventory that has been acquired within 24 months of the effective date of the termination  from the manufacturer or distributor or another same line‑make dealer in the ordinary course of business, and which has not been substantially altered or damaged to the prejudice of the manufacturer or distributor while in the new motor vehicle dealer's possession, and which has been driven less than 1,000 miles or, for purposes of a recreational vehicle motor home as defined in G.S. 20‑4.01(32a)a.,G.S. 20‑4.01(32b)a., less than 1,500 miles following the original date of delivery to the dealer, and for which no certificate of title has been issued. For purposes of this sub‑subdivision, the term "ordinary course of business" shall include inventory transfers of all new, same line‑make vehicles between affiliated dealerships, or otherwise between dealerships having common or interrelated ownership, provided that the transfer is not intended solely for the purpose of benefiting from the termination assistance described in this sub‑subdivision."

SECTION 8.(f)  G.S. 20‑305(6)f. reads as rewritten:

"f.         The provisions of sub‑subdivision e. above shall not be applicable when the termination, nonrenewal, or cancellation of the franchise agreement by a new motor vehicle dealer is the result of the sale of assets or stock of the motor vehicle dealership. The provisions of sub‑subdivisions d. and e. above shall not be applicable when the termination, nonrenewal, or cancellation of the franchise agreement is at the initiation of a new motor vehicle dealer of recreational vehicle motor homes, as defined in G.S. 20‑4.01(32a)a.,G.S. 20‑4.01(32b)a., provided that at the time of the termination, nonrenewal, or cancellation, the recreational vehicle manufacturer or distributor has paid to the dealer all claims for warranty or recall work, including payments for labor, parts, and other expenses, which were submitted by the dealer 30 days or more prior to the date of termination, nonrenewal, or cancellation."

EFFECTIVE DATE

SECTION 9.  Section 1 of this act becomes effective October 1, 2014. Section 2 through Section 7 are effective when this act becomes law. Section 8 of this act becomes effective December 1, 2014, and applies to offenses committed on or after that date. Except as otherwise provided, this act is effective when it becomes law.