Bill Summaries: H43 (2013-2014 Session)

  • Summary date: Jan 31 2013 - View summary

    Amends GS 20-179.3(b) (eligibility for a limited driving privilege) to require the privilege issued to have an ignition interlock requirement that includes the following conditions: (1) the applicant may operate only a designated motor vehicle; (2) the vehicle must be equipped with an ignition interlock system, set to prohibit driving with an alcohol concentration greater than 0.00; and (3) the applicant must personally activate the system before driving. Makes conforming changes to GS 20-16.2(e1) (concerning privilege after license revocation for refusal to submit to chemical analysis), GS 20-138.3(d) (concerning privilege after license revocation for persons under 21 driving while impaired), and GS 20-17.8(a) (ignition interlock applicability). Amends GS 20-17.8(b) to prohibit the person from driving with an alcohol concentration greater than 0.00 (previously provided different alcohol concentrations based on the reason for revocation). Requires proof of installation and provides for revocation of license if system is disabled or removed. Makes conforming changes. Repeals GS 20-179.3(g5) (ignition interlock requirements when person has alcohol concentration of 0.15 or more). Makes a conforming change, amending GS 20-16.2(c1) to delete requirement that officer or chemical analyst submit an affidavit when a driver has an alcohol concentration of 0.15 or more.

    Enacts new GS 20-179.5 to require that all of the ignition interlock costs be paid by the person ordered to have the system installed. Authorizes the Division of Motor Vehicles (DMV) to assess an ignition interlock administrative fee between $30 and $60 on any ignition interlock installed by a vendor. Fee is to be collected by the vendor installing the ignition interlock system at the time of installation. Directs the vendor to remit the collected fees to the DMV on a quarterly basis. Provides that 50% of the money collected will be used to pay for administrative costs incurred by the DMV and the remaining 50% will be deposited in the Ignition Interlock Device Fund. Creates the Ignition Interlock Device Fund in the Department of Transportation to be used to pay the costs of installing and removing ignition interlock devices on vehicles of persons deemed indigent by the court. Requires the person deemed indigent to agree to pay the required costs for system monitoring as a condition of assistance from the DMV for installation cost. Applies to offenses committed on or after December 1, 2013.