DOT PROPOSED LEGISLATIVE CHANGES.

View NCGA Bill Details2015-2016 Session
House Bill 959 (Public) Filed Monday, April 25, 2016
AN ACT TO MAKE VARIOUS CHANGES TO THE TRANSPORTATION LAWS OF THE STATE, AS RECOMMENDED BY THE JOINT LEGISLATIVE TRANSPORTATION OVERSIGHT COMMITTEE.
Intro. by Iler, Torbett.

Status: Ch. SL 2016-90 (House Action) (Jul 11 2016)
H 959/S.L. 2016-90

Bill Summaries:

  • Summary date: Jul 14 2016 - More information

    AN ACT TO MAKE VARIOUS CHANGES TO THE TRANSPORTATION LAWS OF THE STATE, AS RECOMMENDED BY THE JOINT LEGISLATIVE TRANSPORTATION OVERSIGHT COMMITTEE. Enacted July 11, 2016. Effective July 11, 2016, except as otherwise provided.


  • Summary date: Jun 29 2016 - More information

    Conference report makes the following changes to the 4th edition.

    Section 2

    Changes the effective date of the section to effective when the act becomes law (previously, July 1, 2016).

    Section 2.1

    Amends proposed subsection (i) of GS 20-119 (special permits for vehicles of excessive size or weight) to remove multiple pieces of construction equipment transported on the same vehicle from being considered a nondivisible load for purposes of permit issuance pursuant to the statute. Now, provides that only one, two, or three steel coils, transported on the same vehicle, are considered a nondivisible load for purposes of permit issuance pursuant to the statute.

    Section 2.3

    Extends the sunset provision from December 31, 2016, to July 1, 2017, to SL 2009-235, which enacted GS 136-28.6A to authorize the Department of Transportation (DOT) to partner with private developers on transportation improvement projects and provide funding directly to the private developer.

    Section 12.6

    Amends GS 58-36-3(a) (effective July 1, 2016) concerning the jurisdiction of the North Carolina Rate Bureau, to establish that the Bureau has no jurisdiction over insurance against theft of or physical damage to mopeds (previously, no jurisdiction over liability insurance and theft or physical damage insurance on mopeds), as defined in GS 20-4.01(27)d1 (previously, as defined in GS 105-164.3). Amends subsection (b) (effective July 1, 2016), providing for motorcycle and moped endorsements, by deleting the provisions specifically providing for mopeds and instead making the provisions relating to motorcycles also apply to mopeds. Now, subsection (b) provides that member companies writing motorcycle or moped liability insurance under Article 36 of GS Chapter 58 (North Carolina Rate Bureau) and writing insurance against theft of or physical damage to motorcycles or mopeds under Article 40 of GS Chapter 58 (Regulation of Insurance Rates) can incorporate motorcycle and or moped theft and physical damage coverage as an endorsement to the liability policy issued under Article 36.

    Amends GS 58-37-1(6), which sets out the definition of motor vehicle as it applies to Article 37 of GS Chapter 58 (North Carolina Motor Vehicle Reinsurance Facility), to establish that motor vehicle also means a motorcycle, as defined in GS 20-4.01(27)d, and a moped, as defined in GS 20-4.01(27)d (previously, established that a motor vehicle does not mean a moped, as defined in GS 105-164.3, and that notwithstanding any other provisions of the Article, liability insurance on a moped is not eligible for cession to the Reinsurance Facility).

    Amends GS 58-37-35, concerning administration of the Reinsurance Facility, to additionally exclude availability of medical payment coverage, as specified, from mopeds where coverage is excluded for motorcycles in subsection (b).

    Amends GS 58-40-10(1), which defines private passenger motor vehicle as it applies to Articles 40 (Regulation of Insurance Rates), 36 (North Carolina Rate Bureau), and 37 (North Carolina Motor Vehicle Reinsurance Facility) of GS Chapter 58. Changes subdivision c, effective July 1, 2016, to provide that private passenger motor vehicle means a motorcycle, motorized scooter, moped, or other similar motorized vehicle not used for commercial purposes (previously provided that a moped, as defined in GS 105-164.3, is not considered a motorcycle, motorized scooter, or other similar motorized vehicle).

    Amends GS 58-40-15, which sets out exemptions to Article 40 of GS Chapter 58 (Regulation of Insurance Rates) that are effective July 1, 2016, by deleting the provision of subsection (9) that made the Article applicable to motor vehicle liability insurance, automobile medical payments insurance, uninsured motorists' converge, and theft or physical damage insurance on mopeds, as defined in GS 105-164.3. Amends subsection (10) to provide that the Article applies to insurance against theft of or physical damage to motorcycles, as defined in GS 20-4.01(27)d, and mopeds, as defined in GS 20-4.01(27)d1 (previously, did not include mopeds).

    Effective July 1, 2016.

    Section 13

    Makes technical and conforming change to proposed GS 20-4.01(27)c2 (defining motor-driven bicycle).

    Deletes the proposed revisions to GS 58-36-3(a), concerning the jurisdiction of the North Carolina Rate Bureau, that were to become effective December 1, 2016.

    Deletes the proposed revisions to GS 58-40-10(1)c, defining private passenger motor vehicle, that were to become effective December 1, 2016.

    Amends GS 20-51, which sets out exemptions from the requirement of registration and certificate of title under the Motor Vehicle Act of 1937, to exclude personal assisted mobility devices as defined in GS 20-4.01(7b) (conforming change to technical revisions made by the act to GS 20-4.01; previously, as defined in GS 20-4.01(7a)).

    Section 13.1

    Deletes the proposed revisions to GS 20-4.01(2), concerning the definition of canceled, as that term applies to driver's licenses and permits.

    Deletes the proposed revisions to GS 20-7(e), which provided that applicants that suffer from a mental disability that affects motor vehicle operation can be required to file a certificate of the condition signed by a medical authority designated by the DMV. 

    Deletes the proposed revisions to GS 20-9(e) concerning the DMV's medical evaluation program, which provided that applicants that suffer from a mental disability that affects motor vehicle operation can be required to file a certificate of the condition signed by a medical authority designated by the DMV. Deletes the proposed revisions to GS 20-9(g), which sets out conditions for the DMV to issue or unrestrict a driver's license to an otherwise eligible applicant suffering from a physical or mental disability or disease that affects his or her ability to exercise reasonable and ordinary control of a motor vehicle.

    Deletes the proposed revisions to GS 20-9.1, which specified a new immunity from liability for physicians, psychologists, and other medical providers making recommendations concerning abilities to operate a motor vehicle and provided that other medical providers licensed to practice can issue opinions about a patient's ability to safely operate a motor vehicle. 

    Deletes the proposed revisions to GS 20-15(a), which enacted two new subdivisions for when the DMV is authorized to cancel a driver's license: (1) when the licensee suffers from a physical or mental disability or disease that affects ability to safely operate a motor vehicle and (2) when the licensee fails to submit the certificate required pursuant to GS 20-7(a) and GS 20-9(g).

    Section 14

    Deletes the proposed revision to GS 124-5.1, which allowed the Freight Rail & Rail Crossing Safety Improvement Fund to be used for the enhancement of short-line railroad assistance, in addition to the existing authorized uses, and added other types of short-line railroad projects to the list of project types that the Fund may be used for.

    Deletes the proposed revisions to GS 136-44.39, which provided that State and federal assistance provided by DOT under the statute may include funds from the Rail Industrial Access Program and the Short Line Infrastructure Program, and such other programs as may exist or be established for these purposes.

    Section 14.5

    Amends GS 63-69, concerning the permit required to operate an unmanned aircraft system for commercial purposes, to decrease the age minimum from 17 to 16 years of age.

    Section 15

    Provides that damages, right-of-way costs, and planning and design costs related to litigation concerning the adoption of a transportation corridor official map under Article 2E (transportation Corridor Official Map Act) of GS Chapter 136 must be paid from the tier under Article 14B (Strategic Prioritization Funding Plan for Transportation Investments) of GS Chapter 136 in which the project covered by the transportation corridor official map was funded under or is programmed to be funded under.

    Provides that, for projects that were not funded or are not programmed to be funded under Article 14B of GS Chapter 136, damages, right-of-way costs, and planning and design costs related to litigation concerning the adoption of the transportation corridor official map must be paid from the regional allocation of funds under Article 14B for the region covered by the transportation corridor official map.

    Section 16

    Amends GS 136-44.50, the Transportation Corridor Official Map Act, by adding a new subsection to prohibit a new transportation corridor official map from being adopted pursuant to the statute from July 1, 2016, to July 1, 2017.

    Section 17

    Rescinds all transportation corridor maps adopted pursuant to Article 2E of GS Chapter 136, and any amendments thereto. Provides that all restrictions under Article 2E no longer apply to properties or portions of properties within the affected transportation corridors. Requires DOT to post information concerning each map rescinded on its Web site, and provide notice of each map rescinded for the affected jurisdictions to (1) the office of the city clerk, (2) the county tax supervisor and city tax collector, (3) the register of deeds, and (4) the city and county planning agency.

    Provides that nothing in this section is to be construed as tolling, delaying, or otherwise modifying the time in which a complaint must be filed under GS 136-11 (Remedy where no declaration of taking filed; recording memorandum action).

    Section 18

    Amends GS 24-1 to provide that the legal rate of interest is 8% per annum for such time as interest may accrue, and no more, except as otherwise provided in GS 136-113, which allows for interest as part of just compensation in condemnation cases by the DOT (previously, provided no exception).

    Amends GS 136-113, concerning interest as part of just compensation in condemnation cases by the DOT, to eliminate the statutory reference to GS 24-1 relating to the addition of interest at the legal rate to the amount awarded as damages by the commissioners or a jury or judge. Instead, provides that for purposes of the statute, the term legal rate means the prime lending rate, as published by the Board of Governors of the Federal Reserve System on the first business day of the calendar month immediately preceding the date of taking. Further, establishes that the legal rate established under the statute cannot exceed the legal rate set in GS 24-1.

    Applies to causes of action filed on or after the effective date of the act.

    Section 19

    Directs DOT to study the development of a process that equitably balances the interest of the State in protecting proposed transportation corridors from development, the property rights of affected landowners, and the taxpayers of the State. Requires quarterly reporting to the General Assembly and to the Joint Legislative Oversight Committee beginning October 1, 2017, and a final report by July 1, 2017. 


  • Summary date: Jun 15 2016 - More information

    Senate committee substitute makes the following changes to the 3rd edition.

    Section 2

    Amends the proposed addition to subdivision (2) of GS 136-18, concerning the powers of the Department of Transportation (DOT). Deletes the requirement that the entity affected by the DOT acting on its authority to widen, relocate, change, or alter affected lines or systems in its use of existing rights-of-way, or locating and acquiring additional rights-of-way, must bear the cost to move utility lines, pipelines, or other infrastructure located on State rights-of-way pursuant to the subsubdivision, except as authorized by GS 136-27.1 and GS 136.27.2, not the DOT.

    Amends proposed subsection (18) of GS 20-118(c), which exempts a vehicle or vehicle combination from subsections (b) (weight limits for vehicles operating on State highways) and (e) (penalties) of the statute, if three conditions are met, by changing the first condition to require the vehicle or vehicle combination to be transporting metal commodities or construction equipment (previously, did not include transport of construction equipment).

    Amends proposed subsection (i) of GS 20-119 (special permits for vehicles of excessive size or weight,) to add that multiple pieces of construction equipment transported on the same vehicle will be considered a nondivisible load for purposes of permit issuance pursuant to the statute.

    Deletes proposed subsection (46) to GS 136-18 that directed DOT to provide North Carolina grid coordinates for at least one point for each parcel acquired by the DOT on or after January 1, 2017.

    Section 3

    Amends the directive to the North Carolina Turnpike Authority (Authority) to report to the Joint Transportation Oversight Committee on January 31, 2017, instead of October 1, 2016, and annually thereafter, on the number of one-time facility users who are charged more than $50 in processing fees imposed under GS 136-89.215 and civil penalties assessed under GS 136-89.216. Requires that, with the first report on the number of one-time toll facility users, the Authority must propose statutory changes to Part 2 of Article 6H of GS Chapter 136 (collection of tolls on turnpike projects) expected to have the aggregate effect of improving efficiency or reducing costs in collecting tolls while significantly reducing the possibility one-time users are charged more than $50 in processing fees imposed under GS 136-89.215 and civil penalties assessed under GS 136-89.216 (previously, required the report to include proposed statutory language to limit charging more than $50 in processing fees imposed under GS 136-89.215 and civil penalties assessed under GS 136-89.216 to one-time toll facility users).

    Section 5

    Amends GS 20-129(e), setting out the required lighting equipment for bicycles, to require every bicycle operated at night on any public street, public vehicular area, or public greenway to be equipped with a reflex mirror on the rear in addition to the other two requirements, as amended by the act.

    Amends proposed subdivision (1) of GS 20-150(e), setting out the limitations on privilege of overtaking and passing in a vehicle, to remove the statutory reference to the definition of bicycle in GS 20-171.1.

    Deletes the directives to the DOT in previous Sections 5.6(a) and 5.6(b) of the act, which required the DOT to develop and implement a program to educate bicyclists, motorists, and other users of State highways, and to report to the Joint Legislative Transportation Oversight Committee on the development of that program.

    Section 10

    Amends GS 20-48, concerning the giving of any notice by the Division of Motor Vehicles (DMV), to add a new subsection to allow a person to consent to receive any notice under GS Chapter 20 by electronic delivery by completing a written or electronic authorization for the method of electronic delivery of any notice. Requires the authorization to advise the person that the following apply to consent to electronic delivery of notice: (1) consent is effective until it is revoked in accordance with the procedure set by the DMV; (2) the electronic delivery may be the only method of delivery, at the option of the DMV; and (3) a notice sent by electronic delivery to an e-mail or electronic address is considered to have been received even if the person to whom it is sent does not receive it. Makes technical changes.

    Section 13

    Amends GS 20-171.1, defining terms as they apply to Part 10A (Operation of Bicycles) of Article 3 of GS Chapter 20 (Motor Vehicle Act of 1937), by changing the definition of bicycle to include an electronic assisted bicycle, as defined in GS 20-4.01(7a), as enacted by the act.

    Deletes the proposed revision of GS 20-58.4A(i), which delayed the mandatory participation date for the electronic lien system for motor vehicles.

    Adds to subsection (e) of GS 20-166.1, concerning the investigation of a reportable accident by an officer, that nothing in the statute prohibits a law enforcement agency from providing to the public accident reports or portions of accident reports that are public records.

    Section 14

    Amends GS 124-5.1, which requires the State to deposit any dividends of the North Carolina Railroad Company to the Freight Rail & Rail Safety Improvement Fund within the Highway Fund, to allow the Fund to be used for the enhancement of short-line railroad assistance, in addition to the existing authorized uses. Adds other types of short-line railroad projects to the list of projects types that the Fund may be used for.

    Amends GS 136-44.39, which authorizes the DOT to provide State and federal assistance to short-line railroads, to provide that assistance under the statute may include funds from the Rail Industrial Access Program and the Short Line Infrastructure Program, and such other programs as may exist or be established for these purposes (previously, may involve both the Rail Industrial Access Program and the Short Line Infrastructure Access Program, as well as other innovative programs).


  • Summary date: Jun 2 2016 - More information

    House amendments make the following changes to the 2nd edition.

    Amendment #1 amends GS 136-18(2) (Powers of Department of Transportation (DOT)), adding new language directly after new provisions that provides that no agreement for use of a DOT right-of-way under sub-subdivision GS 136-18(2)c retracts the DOT ownership and control of the right-of-way as well as authorizing the DOT to adopt policies and rules as specified. New language establishes that affected entities, and not the DOT, must bear the cost to move utility lines, pipelines, or other infrastructure on State rights-of-way, pursuant to this sub-subdivision, except as provided under GS 136-27.1 (municipal and sewer water lines) and GS 136-27.2 (county-owned natural gas).

    Amendment #2 adds new Section 2.5, DOT Surveying Changes, to the bill, which enacts new subdivision GS 136-18(46), giving the DOT the additional power to provide NC grid coordinates for at least one point for each parcel acquired by the DOT on or after January 1, 2017.

    Amendment #3 adds new Section 3.1, Turnpike Authority Report on One-time Facility User Fees and Penalties, directing the NC Turnpike Authority to report to the Joint Legislative Transportation Oversight Committee on October 1, 2016, and annually thereafter, concerning the number of one-time toll facility users who are charged more than $50 in processing fees and civil penalties under specified statutes. Also requires the report to include proposed statutory language to limit the charging of more than $50 in processing fees and civil penalties to one-time toll facility users as specified. 


  • Summary date: May 25 2016 - More information

    House committee substitute makes the following changes to the 1st edition.

    Further amends GS 136-18(2)c to allow the Department of Transportation (DOT) to also use exiting rights-of-way, in addition to acquiring additional rights-of-way, for specified utilities, including broadband. Also deletes the proposed language that would have allowed DOT to charge a one-time fee to defray administrative costs of reviewing encroachment submittals. Adds the requirement that DOT study the issue of administrative fees for encroachments under GS 136-18(2)c. Requires a report to the Joint Legislative Transportation Oversight Committee by December 1, 2016. Effective July 1, 2016.

    Adds a new section which does the following. Amends GS 20-118(c) to create an exception to the weight limitations that apply to vehicles operating on the highways of the State for a vehicle that: (1) is transporting metal commodities; (2) does not operate on an interstate highway, a posted light traffic road, or exceed any posted bridge weight limit; and (3) does not exceed a single-axle weight of 22,000 pounds, a tandem-axle weight of 42,000 pounds, or a gross weight of 90,000 pounds. Specifies that any additional weight allowance authorized by 23 USC 127, and applicable to all interstate highways, also applies to all State roads, unless the road is a posted road or posted bridge, or unless specifically prohibited by State law or a Department ordinance applicable to a specific road. Amends GS 20-119 to add that one, two, or three steel coils, transported on the same vehicle, are to be considered a non-divisible load for the purposes of issuing a special permit that allows the applicant to operate or move a vehicle, on a highway, of a size or weight exceeding the allowed maximum. Effective October 1, 2016.

    Adds a new section amending GS 20-129(e) to require that every bicycle be equipped with the specified front and rear lights when the bicycle is being operated at night on any public street, public vehicular area, or public greenway. Removes the requirement that the bicycle have a reflex mirror. Amends the requirements for the rear light to now require that it be visible from 300 (was, 200) feet; in lieu of the rear light, allows the operator to wear clothing or a vest that is bright and visible from at least 300 feet to the rear of the bicycle. Applies to offenses committed on or after December 1, 2016.

    Adds a section amending GS 20-150(e) to add that the prohibition on a driver overtaking and passing another vehicle on a portion of the highway marked as no passing does not apply when: (1) the slower moving vehicle is a bicycle or moped; (2) the slower moving vehicle is moving in the same direction as the faster moving vehicle; (3) the driver of the faster moving vehicle either provides a minimum of four feet between the faster moving vehicle and the slower one, or completely enters the left lane; (4) the operator of the slower moving vehicle is not making a left turn or signaling that he or she intends to make a left turn; and (5) the driver of the faster moving vehicle complies with all other applicable requirements of this statute. Makes conforming changes to GS 20-149, concerning overtaking a vehicle. Amends GS 20-154 to make a violation that causes a bicycle operator to change travel lanes or leave the travel lane punishable by a fine of no less than $200; when the result is a crash causing property damage or personal injury to the bicycle operator or passenger, the person is responsible for an infraction and will be assessed a fine of no less than $500. Also makes clarifying changes to how a driver is to make hand signals for right turns and stop. When the unsafe movement results in a crash causing property damage in excess of $5,000 or a serious bodily injury to a bicycle operator or passenger, the violation is an infraction with a fine of no less than $750 and the violation is to be treated as a failure to yield right-of-way to a bicycle for the purpose of assessing points. Adds that a bicycle operator may signal a right turn by extending his or her hand and arm horizontally with the forefinger pointing, from beyond the right side of the bicycle, instead of following the requirements for drivers. Applies to offenses committed on or after October 1, 2016.

    Adds the requirement that, by October 1, 2016, DOT develop and implement a program to educate bicyclists, motorists, and other highway users on: (1) best practices by bicyclists for safe riding; (2) best practices for motorists that encounter bicyclists on the road; and (3) the dangers of riding a bicycle while distracted. Requires a report on the program to the Joint Legislative Transportation Oversight Committee by December 1, 2016.

    Amends proposed language in GS 20-7(c) to require that the Division of Motor Vehicles require vision testing as a part of required in-person, in-office driver's license renewals.  

    Adds a section that amends GS 20-52 to require that an application for a certificate of title, registration plate, and a registration card include a preprinted option that co-owners may use to title the vehicle as a joint tenancy with right of survivorship, which would be valid notwithstanding whether this designation appears on the assignment of title. Effective January 1, 2017.

    Amends the definition for autocycle found in GS 20-4.01(27), deleting language that required air bag protection for the vehicle to be considered an autocycle. Also provides that the three-wheeled motorcycle can have complete or partially enclosed seating and be considered an autocycle (previously, seating had to be completely enclosed). Also amends GS 20-140.4(a)(2) concerning helmet requirements, providing that the helmet provisions do not apply to operators or passengers in an autocycle that has completely enclosed seating.

    Amends GS 20-135.3(c) concerning seat belt anchorages, making a technical correction.

    Amends GS 20-4.01, the definitions section for the Article on Motor Vehicles, adding and defining the term electric assisted bicycle as a bicycle with two or three wheels, equipped with a seat or saddle for use by the rider, fully operable pedals, an electric motor of no more than 750 watts whose maximum speed is no greater than 20 miles per hour. Also exempts an electric assisted bicycle from being considered a motor vehicle. Moves the definition of moped as defined in GS 105-164.3 to GS 20-4.01(27)d1, and clarifies that the definition includes mopeds powered by electricity, alternative fuel, or motor fuel but does not include electric assisted bicycles. Also provides that the definition for a motor-driven bicycle excludes electric assisted bicycles. Adds clarifying language that electric assisted bicycles are considered vehicles for the purpose of this chapter but excludes personal assistive mobility devices as defined in GS 20-4.01(7b). Makes conforming changes to several statutes due to the relocation of the definition for moped and the addition of new terms, including 20-10.1 (mopeds), GS 20-175.6 (electric personal assistive mobility devices), GS 58-36-3 (concerning motorcycle and moped endorsements), GS 58-37-1 (concerning the definition for motor vehicle), and GS 58-40-10 (concerning certain insurance statutes). Makes additional conforming changes. Effective December 1, 2016, applying to offenses committed on or after that date. 

    Amends GS 20-4.01(2), the definition for canceled as that term applies to driver's licenses and permits, providing that it now also includes cancellation because (1) the licensee was not entitled to the issuance of the license under this Chapter and (2) the licensee failed to give the required or correct information on the license application (previously, only referred to cancellation only because the licensee is no longer authorized under federal law to be legally present in the United States). Also amends GS 20-7(e) concerning the DMV's medical evaluation program, providing that applicants that suffer from a mental disability that affects motor vehicle operation can be required to file a certificate of the condition signed by a medical authority designated by the DMV. Provides that such a certificate, whether filed because of a physical or mental disability, can be requested even after a license or renewal has been issued based on an applicant's road test. Provides for a review of licensing decisions for physical or mental disabilities or diseases as provided in GS 20-9(g)(4), which allows a review upon written request within 10 days after receipt of such a notice. Also sets out the make-up of the reviewing board, including two medical professionals as specified. Further amends GS 20-9 to make various changes and updates to the DMV's medical evaluation program for determining who should be licensed. Provides that while the DMV cannot issue any license to a person that is unable to exercise reasonable and ordinary control over a motor vehicle, a restricted license can be issued under certain conditions for individuals otherwise eligible, but who suffer from a physical or mental disability or disease (previously, provisions did not provide for the issuing of a restricted license in these cases). For those applicants or licensees suffering from such physical or mental disability or disease, the DMV can request a medical certificate to be submitted, this request can come at the initial application, any time following the issuance of a license, or both. Makes various clarifying and conforming changes to the requirements of the certificate, providing that the DMV now requires the submitted certificate to be signed by a health care provider duly licensed to practice medicine in the United States, after the applicant or licensee has submitted to a physical examination. The certificate must also contain a recommendation as to whether the applicant or licensee can safely operate a motor vehicle. Makes various conforming changes and technical updates to language, making language gender neutral. Further amends the statute, making various changes to the review process for applicants or licensees whose license has been restricted, cancelled, or denied, providing that the required notice of denial of such a decision must be given in accordance with the provisions of GS 20-48, Giving of notice, which sets out required steps for any notice given by the DMV. Further amends the provisions concerning the member make-up of the reviewing board, now requiring at a minimum that the Commissioner or representative and at least two medical professionals licensed to practice be appointed to the reviewing board and provides that the Commissioner or representative plus any two medical professionals selected by the Commissioner make a quorum of the board (previously, in addition to the Commissioner, board was constituted of four persons designated by the chairman of the Commission for Public Health). Amends review process further by providing that for reviews contesting a restriction on a license, the restriction  will be stayed, unless the DMV determines there is an imminent threat to public safety if unrestricted driving is permitted. Provides that stays are not granted for contested reviews of denials or cancellations of licenses. Also includes open records provisions, allowing an applicant or licensee to obtain, without a court order, a copy of the records and evidence collected and compiled pursuant to this review process upon the submittal of a written request to the DMV, signing of any release forms, and payment of any required fee. Makes various other conforming and clarifying changes to the section. Amends the catchline of GS 20-9.1, now titled Physicians, psychologists, and other medical providers providing medical information on drivers with physical or mental disabilities or diseases. (was, Physicians and psychologists providing medical information on drivers with physical and mental disabilities). Also specifies a new immunity from liability for physicians, psychologists, and other medical providers making recommendations concerning abilities to operate a motor vehicle. Further amends the section to update and provide that other medical providers licensed to practice can issue opinions about a patient's ability to safely operate a motor vehicle. Makes additional conforming changes to include physical and mental diseases and disabilities in regards to the applicability of these sections (previously, these sections comprising the DMV medical review program included references to physical disabilities only, or only physical and mental disabilities and not diseases; these conforming changes bring these specified sections into compliance with each other now being applicable to physical and mental disabilities or diseases). Amends GS 20-15(a) concerning the DMV's authority to cancel any driver's license, enacting two new subdivisions for when the DMV is authorized to cancel a driver's license: (1) when the licensee suffers from a physical or mental disability or disease that affects ability to safely operate a motor vehicle and (2) when the licensee fails to submit the certificate required pursuant to GS 20-7(a) and GS 20-9(g) (concerning medical certificates requested to certify ability to safely drive a car due to current physical or mental disability or disease).  Effective July 1, 2016, applying to driver licenses issued or renewed on or after that date, and hearings requested on or after that date. 

    Amends GS 20-79(d)(5) concerning the use of dealer license plates, adding language that allows employees and the immediate family members of employees of an independent motor vehicle dealer to use the dealer plates for the operation of motor vehicles as specified.

    Amends GS 20-58.4A concerning the electronic lien system, delaying the mandatory participation date for one year from July 1, 2016, to July 1, 2017.

    Amends GS 20-166.1(e), concerning the officer investigation in the event of an accident, providing that at the request of the driver in the accident or insurance agent, law enforcement can provide uncertified accident reports to an insurance agent or company identified by the driver, if a certified copy has been requested and specified fees have been paid. 


  • Summary date: Apr 25 2016 - More information

    Identical to S 723, filed 4/25/16.

    Amends GS 136-11.1 (Local consultation on transportation projects) by providing that "Action of the Board" (which requires notification to the affected city or county so that they can respond to the project) includes approval by the Board of individual applications for access and public service road projects, contingency projects, small urban projects, and spot safety projects that exceed $250,000 (was, projects that exceed $150,000).

    Amends GS 136-18(2) (Powers of Department of Transportation) by dividing existing subsection (2) into subsubsections (a) through (e).  Establishes in new GS 136-18(2)c2 the power of the Department of Transportation (Department) to locate and acquire additional rights-of-way as necessary for the present or future relocation or initial location, above or below ground, of nonutility owned or operated communications or data transmission infrastructure.  Establishes that no agreement for use of Department right-of-way under subsubdivision GS 136-18(2)c retracts the Department's ownership and control of the right-of-way.  Authorizes the Department to adopt policies and rules necessary to implement the provisions of subsubdivision GS 136-18(2)c and to charge a one-time fee to defray the Department's administrative cost of reviewing encroachment submittals, payable upon initial application for the encroachment.  Makes technical changes.  Effective July 1, 2016.

    Amends GS 136-89.214(a) (Bill for unpaid open road toll) to provide that the North Carolina Turnpike Authority (Authority) must send a bill by first class mail to the registered owner of the motor vehicle or the person who had care, custody, and control of the vehicle under GS 136-89.212(b) (establishing the criteria for a person to have care, custody, and control of a vehicle) for the amount of the unpaid toll, or with the written consent of the registered owner of the vehicle or the person who had care, custody and control of the vehicle, the Authority may send the bill by electronic mail to a designated electronic mail account rather than by first-class mail (was, must send a bill by first-class mail).

    Repeals GS 136-89.193(c) to eliminate the requirement for the North Carolina Transit Authority (Authority) to submit semiannual reports to the Joint Legislative Transportation Oversight Committee (Committee) summarizing the Authority's activities during the preceding six months and any information requested by the Committee.

    Amends GS 143B-135.100 (Use of State land for bicycling) to eliminate the requirement for notice of any land restricted or removed from use by bicyclists under GS 143B-135.100(b) to be filed with the Division of Bicycle and Pedestrian Transportation of the Department of Transportation (Division).  Eliminates the requirement for the Division  to keep a record of all lands made open and available for use by bicyclists under GS 143B-135.100 and make that information available to the public upon request. Eliminates the requirement for the Wildlife Resource Commission (Commission) to file notice of the Commission's restrictions on the use of bicycles on game lands where necessary to protect sensitive wildlife habitat or species to the Division.

    Amends GS 20-7(m) to eliminate applicants for certification under GS 20-218 (Standard qualifications for school bus drivers) as school bus drivers from the applicants to whom the Division of Motor Vehicles may issue restricted instruction permits.  Amends GS 20-37.13(e) to eliminate the provision that states GS 20-7(m) governs the issuance of a restricted instruction permit for a prospective school bus driver.  Effective January 1, 2017, and applies to offenses committed on or after that date.

    Amends GS 20-37.13(e) to provide that a commercial learner's permit is valid for a period not to exceed 180 days (was, for a period not to exceed six months and may be renewed or reissued only once within a two-year period).  Effective January 1, 2017, and applies to offenses committed on or after that date.

    Amends GS 20-17.4(g) to establish that any person holding a commercial learner's permit or commercial driver's license or required to have a commercial learner's permit or commercial driver's license convicted for violating an out-of-service order shall be disqualified (except as provided in GS 20-17.4(h)) as follows: (1) A person is disqualified from driving a commercial vehicle for a period of no less than 180 days and no more than one year (was, a period of 90 days) if convicted of a first violation of an out-of-service order while operating a commercial motor vehicle (was, if convicted of a first violation of an out-of-service order). (2) A person is disqualified for a period of no less than two years and no more than five years (was, a period of one year) if convicted of a second violation of an out-of-service order while operating a commercial motor vehicle during any 10-year period (was, if convicted of a second violation of an out-of-service order during any 10-year period), arising from separate incidents. (3) A person is disqualified for a period of no less than three years and no more than five years (was, a period of three years) if convicted of a third or subsequent violation of an out-of-service order while operating a commercial motor vehicle (was, if convicted of a third or subsequent violation of an out-of-service order) during any 10-year period, arising from separate incidents.  Effective January 1, 2017, and applies to offenses committed on or after that date.

    Amends GS 20-17.4(h) (Violation of out-of-service order - special rule for hazardous materials and passenger offenses) to establish that any person holding a commercial learner's permit or commercial driver's license or required to have a commercial learner's permit or commercial driver's license convicted for violating an out-of-service order while transporting hazardous materials, as defined by 49 CFR 383.5, or while operating a commercial vehicle designed or used to transport 16 or more passengers (was, 15 passengers), including the driver, must be disqualified as follows: (1) A person is disqualified for a period of no less than 180 days and no more than two years (was, a period of 180 days) if convicted of a first violation of an out-of-service order while operating a commercial motor vehicle (was, if convicted of a first violation of an out-of-service order). (2) A person is disqualified for a period of no less than three years and no more than five years (was, a period of three years) if convicted of a second or subsequent violation of an out-of-service order while operating a commercial motor vehicle (was, if convicted of a second or subsequent violation of an out-of-service order) during any 10-year period, arising from separate incidents. Establishes new subsubsection (3) providing that a person is disqualified for a period of no less than three years and no more than five years if convicted of a third or subsequent violation of an out-of-service order while operating a commercial motor vehicle during any 10-year period, arising from separate incidents.  Effective January 1, 2017, and applies to offenses committed on or after that date.

    Amends Article 2C of Chapter 20 of the General Statutes by enacting new GS 20-37.13A (Medical qualifications standards; waiver for intrastate drivers), which directs that all commercial driver's license holders and applicants for commercial driver's licenses must meet the medical qualifications standards under 49 CFR 391.41 (Federal qualifications of drivers and longer combination vehicle driver instructors).  Allows any person unable to meet the medical qualifications standards under 49 CFR 391.41 to apply for a medical waiver, in writing and submitted to the Division of Motor Vehicles (Division), that, if approved, will authorize intrastate operation of a commercial motor vehicle for no more than two years.  Provides that any person granted an intrastate commercial driver's license waiver is permitted to maintain a commercial driver's license and operate a commercial motor vehicle in intrastate commerce provided that (1) the commercial driver's license must display a restriction to signify it is only valid for intrastate operation, (2) the holder of the license must submit to medical recertifications at intervals set by the Division, (3) the holder of the license must timely submit all documentation required by the Division, and (4) failure to meet any condition within the time period allowed will result in an automatic downgrade of the license holder's commercial driver's license to a Class C regular driver's license.  Effective January 1, 2017, and applies to offenses committed on or after that date.

    Amends GS 20-66 by adding a new subsection (g1) that establishes that the registration of a vehicle renewed by means of a new registration plate expires at midnight on February 15 of each year.  Effective October 1, 2016.

    Amends GS 20-7(f) (Duration and renewal of licenses) to provide that the Division of Motor Vehicles (Division) must issue to the applicant a temporary driving certificate valid for 60 days (was, valid for 20 days, and 60 days for a commercial drivers license).  Establishes that the temporary driving certificate is valid for driving purposes and cannot be valid for identification purposes, except when conducting business with the Division and not otherwise prohibited by federal law (was, valid for driving purposes only and cannot be valid for identification purposes).  Effective January 1, 2017.

    Amends GS 20-7(c) (Issuance and renewal of drivers licenses, tests) to direct the Division of Motor Vehicles to require sign and symbol testing upon issuance of a license, and require vision testing as part of in-person, in-office renewals of a license.  Effective October 1, 2016.

    Amends GS 20-7.1(a) (Notice of change of address or name) to provide that a person who has provided an e-mail or electronic address to the Division of Motor Vehicles (Division) under GS 20-48(a) (Giving of notice) must notify the Division of any change or discontinuance of that e-mail or electronic address within 30 days after the change or discontinuance.  Amends GS 20-48(a) by providing that instead of providing notice by personal delivery or United States mail, the Division may give notice under GS Chapter 20 by e-mail or other electronic means if the person to be notified has consented to receiving notices by electronic means and has provided the Division an e-mail address or other like electronic address for receiving notices.  Makes conforming changes to GS 20-7.1(a) and enacts new subsection GS 20-7.1(a1) to provide that any person who consents to electronic notification must notify the Division in accordance with GS 20-7.1(a), and if a person fails to notify the Division of any change or discontinuance of an electronic notification, any notices sent to the original or discontinued address will be deemed to have been received by the person and a copy of the Division's records is sufficient evidence that notice was sent to the person named in the record, at the physical or electronic address indicated in the record, and for the purpose indicated in the record.  Effective October 1, 2016.

    Amends GS 20-43.1 (Disclosure of personal information in motor vehicle records) by adding a new subsection (f) that establishes that e-mail addresses or other electronic addresses provided to the Division of Motor Vehicles are personal information for purposes of GS 20-43.1 and can only be disclosed in accordance with GS 20-43.1.  Effective October 1, 2016.

    Amends GS 20-53 (Application for specially constructed, reconstructed, or foreign vehicle) subsection (e) to provide that no title can be issued to an initial applicant for out-of-state vehicles that are 1980 model year or older (was, out-of-state vehicles that are 35 years old) or older.  Makes conforming changes.  Effective January 1, 2017.

    Amends GS 20-57 (Division to issue certificate of title and registration card) subsection (c) to eliminate requirement that every owner must sign the registration card, upon receipt, with ink in the space provided.  Repeals GS 20-176(a1)(2) that made it an infraction for a person to sign the vehicle registration card in violation of GS 20-57(c).  Effective December 1, 2016, and applies to registration cards issued on or after that date.

    Amends GS 20-4.01(27) (Definition of "passenger vehicles" under Chapter 20, Article 1 - Division of Motor Vehicles) by adding a new subsubsection (c2) to define motor-driven bicycle to mean a vehicle with two or three wheels, a steering handle, one or two saddle seats, pedals, and a motor that cannot propel the vehicle at a speed of more than 20 miles per hour on a level surface.  Amends GS 20-4.01(27)(d1), by defining moped as a vehicle, other than a motor-driven bicycle that has two or three wheels, no external shifting device, and a motor that does not exceed 50 cubic centimeters piston displacement and cannot propel the vehicle at a speed greater than 30 miles per hour on a level surface, powered by electricity, alternative fuel, motor fuel, or a combination of each (was, as defined by GS 105-164.3, Sales and use tax).  Amends GS 20-4.01(23), defining a motor vehicle to not include mopeds or motor-driven bicycles [was, to not include mopeds as defined in GS 20-4.01(27)(d1)].  Repeals GS 20-4.01(21a), which defined moped as a type of passenger vehicle as defined in GS 105-164.3.  Effective December 1, 2016.


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