REQUIRE DRIVER RETRAINING COURSE.

View NCGA Bill Details2019-2020 Session
House Bill 864 (Public) Filed Tuesday, April 16, 2019
AN ACT TO REQUIRE THE DIVISION OF MOTOR VEHICLES TO ESTABLISH AND CONDUCT DRIVER RETRAINING COURSES FOR PERSONS WHO HAVE HAD THEIR DRIVERS LICENSE SUSPENDED PURSUANT TO CERTAIN LAWS.
Intro. by Shepard, Torbett, Stevens.

Status: Re-ref to the Com on Judiciary, if favorable, Rules, Calendar, and Operations of the House (House action) (Jun 26 2019)
H 864

Bill Summaries:

  • Summary date: Jun 26 2019 - More information

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

    Modifies and adds to the proposed changes to GS 20-16 (Authority of Division to suspend license) as follows. 

    Amends subsection (a) to now provide that a licensee retains his or her license when the Division of Motor Vehicles (DMV) suspends the license without a preliminary hearing and the licensee requests a hearing before the effective date of the suspension (previously, applied to revocations). Provides for the licensee to retain the license unless the license is revoked or suspended (was, revoked) under another law, until the hearing is held, the person withdraws his or her request for a hearing, or he or she fails to appear at the scheduled hearing.

    Makes organizational and clarifying changes to the proposed changes to subsections (c) and (d). Amends subsection (c) to limit the authority of the DMV to substitute a probation period of up to one year for suspension or for any unexpired period of suspension under subdivisions (a)(6) through (a)(8b) (was, (a)(1) through (a)(10a); subdivisions (a)(6) through (a)(8b) concern fraudulent use of the license, commission of offenses in other states warranting suspension or revocation, conviction of illegal transportation of alcohol, conviction of impaired instruction, and conviction of military installations constituting impaired driving with related driving privileges suspended or revoked). Prohibits the DMV from substituting a period of probation for suspension or for any unexpired period of suspension if the license was suspended pursuant to subdivisions (5), (9), (10), or (10a) of subsection (a) (previously, qualified the prohibition to such substitution before the licensee completes the driver retraining course established in accordance with subsection (d1) of the statute). Makes conforming changes. Further amends subsection (d) to require the DMV to either rescind or extend the suspension of a license suspended pursuant to subdivisions (a)(6) though (a)(8b) upon the hearing (previously, not restricted to specific suspensions). 

    Modifies proposed subsection (d1). Now limits the scope of the driver training course required to be established by the DMV to benefit licensees who have had their licenses suspended pursuant to subdivisions (5), (9), (10), or (10a) of subsection (a) (previously, also included those placed under probation under those provisions). Regarding the waiver of course fees, now requires the driver to provide satisfactory documentation establishing that the driver receive public assistance or has a judicial determination of indigence made within two years of the date of the course (was, more generally a prior judicial determination of indigence).

    Changes the effective date of the act from July 1, 2019, to January 1, 2020.


  • Summary date: Apr 17 2019 - More information

    Amends GS 20-16 (Authority of Division to suspend license) as follows. 

    Makes clarifying and technical changes throughout. Makes the statute's language gender-neutral.

    Adds to the provision in subsection (c) that cancels any previously accumulated points in a person's driver's record upon the restoration of the license or driving privilege of the person whose license or driving privilege was suspended or revoked because of a traffic offense. Adds a new provision to provide for any previously accumulated points in a person's driver's record to be cancelled upon completion of the driver retraining course established in accordance with new subsection (d1) of the statute within the 90-day pre-suspension notice period required under subsection (d) of the statute, as amended.

    Adds new subsection (d1) requiring the Division of Motor Vehicles (DMV) to establish and conduct, itself or through a third-party vendor, driver retraining courses for persons who have had their license suspended or been placed on probation pursuant to subdivisions (5), (9), (10), or (10a) of subsection (a) of the statute.

    Respectively, subdivisions (5), (9), (10), or (10a) of subsection (a) authorize the DMV to suspend a licensee without a preliminary hearing upon a showing by its records or other satisfactory evidence that the licensee: (1) has, under the provisions of subsection (c), within a three-year period, accumulated twelve or more points, or eight or more points in the three-year period immediately following the reinstatement of a license that has been suspended or revoked because of a conviction  of one or more traffic offenses; (2) has, within a period of twelve months, been convicted of two or more charges of speeding in excess of 55 and not more than 80 miles per hour, one or more charges of reckless driving and one or more charges of speeding in excess of 55 and not more than 80 miles per hour, or one or more charges of aggressive driving and one or more charges of speeding in excess of 55 and not more than 80 miles per hour; (3) has been convicted of operating a motor vehicle at a speed in excess of 75 miles per hour on a public road or highway where the maximum speed is less than 70 miles per hour; and (4) has been convicted of operating a motor vehicle at a speed in excess of 80 miles per hour on a public highway where the maximum speed is 70 miles per hour.

    Requires the DMV to maintain oversight of the driver retraining course established and conducted by the third-party vendor if the DMV chooses to utilize a third-party vendor. Directs the DMV to set a fee no more than $175 to be paid by each driver attending a driver retraining course, with $25 retained by the DMV. Provides for waiver of the fee upon presenting documentation that the person receives public assistance or has a prior judicial determination of indigence. Requires the driver to attend the course in person. Requires the course to be at least eight hours. Details further requirements of the driver retraining course and content that must be included in the course.

    Further amends subsection (c), concerning licenses suspended under the point system described in the subsection, to provide for indefinite license suspension until the person completes the driver retraining course established in new subsection (d1) for a license suspended pursuant to subdivisions (5), (9), (10), and (10a) of subsection (a). Requires the DMV to cancel the suspension and allow the licensee to retain his or her license if the licensee completes the driver retraining course within the 90-day pre-suspension notice period required under subsection (d) so long as the driver's license is not subject to suspension or revocation under another provision of law. Directs the DMV to terminate the suspension if the licensee completes the driver retraining course after the 90-day pre-suspension notice period required under subsection (d) so long as the driver's license is not subject to suspension or revocation under another provision of law, and allows the licensee to apply for restoration of the licensee's driving privilege. Prohibits the DMV from substituting a period of probation for suspension or for any unexpired period of suspension before the licensee completes the driver retraining course established in accordance with subsection (d1) of the statute if the license was suspended pursuant to subdivisions (5), (9), (10), or (10a) of subsection (a).

    Adds a new provision to subsection (d), concerning suspending licenses as authorized by the statute, to set forth a 90-day pre-suspension notice period for a license suspended pursuant to subdivisions (5), (9), (10), or (10a) of subsection (a). Again, expressly prohibits the DMV from substituting a period of probation for suspension or for any unexpired period of suspension before the licensee completes the driver retraining course established in accordance with subsection (d1) of the statute if the license was suspended pursuant to subdivisions (5), (9), (10), or (10a) of subsection (a).

    Eliminates subsection (c1), which permits a district court judge to allow a licensee a limited driving privilege or license for certain first suspensions for a period of no more than 12 months.

    Makes conforming changes to GS 20-19 regarding the period of suspension for licenses suspended under subdivisions (9) or (10) of GS 20-16(a).

    Effective July 1, 2019, and applies to licenses suspended on or after that date.


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