AN ACT TO INCREASE THE SAFETY OF STATE ROADS AND COMMUNITIES THROUGHOUT THE STATE BY AUTHORIZING THE DIVISION OF MOTOR VEHICLES TO ISSUE RESTRICTED DRIVERS LICENSES TO IMMIGRANTS WITH LIMITED OR NO STATUS.
Amends GS 20-7 to require the Division of Motor Vehicles (DMV) to provide a copy of any application, form, or test required for licensure to drive in the native language of the applicant upon request.
Further amends the statute as follows. Creates a restricted drivers license for applicants who do not present a valid social security number and meet six qualifications, including that the applicant has limited legal status or is not lawfully present in the US, the applicant completes a required training course, and the applicant provides proof of NC residency for at least one year. Directs the DMV to contract with a nonprofit or community-based agency to establish and conduct a training course at least one-hour in length for restricted drivers license applicants to provide an overview of social systems and resources available to residents and an overview of applicable laws. Authorizes remote training. Sets restricted drivers licenses to expire on the licensee's birthday in the second year after issuance, with renewed licenses expiring two years after renewal. Authorizes remote renewal of restricted drivers licenses. Establishes an issuance or renewal fee for restricted drivers licenses at $53. Requires restricted drivers licenses to be of a unique design and color distinguishing it from the REAL ID compliant drivers license; requires consultation with interested nonprofits and community-based agencies. Makes conforming changes.
Enacts GS 20-10.2 making any information provided by an applicant for a restricted drivers license inadmissible in any proceeding. Specifies that possession of a restricted drivers license alone cannot be a basis for a criminal investigation, arrest, or detention in circumstances in which a person who possesses some other form of identification would not be criminally investigated, arrested, or detained.
Modifies the DMV's authority to cancel a driver's license under GS 20-15 on the grounds that the licensee is no longer authorized under federal law to be legally present in the US, adding that the licensee must also not be eligible for a restricted drivers license.
Applies to drivers licenses issues on or after October 1, 2021.
© 2021 School of Government The University of North Carolina at Chapel Hill
This work is copyrighted and subject to "fair use" as permitted by federal copyright law. No portion of this publication may be reproduced or transmitted in any form or by any means without the express written permission of the publisher. Distribution by third parties is prohibited. Prohibited distribution includes, but is not limited to, posting, e-mailing, faxing, archiving in a public database, installing on intranets or servers, and redistributing via a computer network or in printed form. Unauthorized use or reproduction may result in legal action against the unauthorized user.