Bill Summary for H 402 (2021-2022)
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| View NCGA Bill Details | 2021 |
AN ACT TO ELIMINATE THE MANDATORY WAITING PERIODS FOR DRIVERS LICENSE RESTORATION OR LIMITED DRIVING PRIVILEGES IF THE PERSON IS OPERATING A MOTOR VEHICLE THAT HAS A FUNCTIONING IGNITION INTERLOCK SYSTEM INSTALLED ON IT; TO REQUIRE FOR THE RESTORATION OF LICENSES AFTER CERTAIN DRIVING WHILE IMPAIRED CONVICTIONS, OR THE ISSUANCE OF LIMITED DRIVING PRIVILEGES, AN IGNITION INTERLOCK SYSTEM BE INSTALLED ON ONLY THE MOTOR VEHICLES THE PERSON WILL DRIVE; TO ELIMINATE THE RESTRICTIONS ON THE PURPOSES FOR DRIVING AND THE HOURS DURING WHICH A PERSON MAY OPERATE A MOTOR VEHICLE IF THE PERSON IS OPERATING A MOTOR VEHICLE WITH A FUNCTIONING IGNITION INTERLOCK SYSTEM INSTALLED ON IT; TO ALLOW THE WAIVER OR REDUCTION OF COSTS FOR CERTAIN PERSONS REQUIRED TO INSTALL AN IGNITION INTERLOCK SYSTEM; TO REVISE THE MAXIMUM BLOOD ALCOHOL CONCENTRATION LEVEL FOR THE OPERATION OF A MOTOR VEHICLE IN CERTAIN CIRCUMSTANCES TO THE IGNITION INTERLOCK SYSTEM PRE-SET FAIL LEVEL; AND TO REQUIRE THE JOINT LEGISLATIVE OVERSIGHT COMMITTEE ON JUSTICE AND PUBLIC SAFETY TO STUDY WHETHER TO EXPAND THE USE OF IGNITION INTERLOCK SYSTEMS.Intro. by Faircloth, Stevens, Clampitt, Greene.
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Bill summary
House committee substitute makes the following changes to the 2nd edition.
Further amends GS 20-179.3, amending the requirements and restriction set forth in subsection (g5) that a court must include in a limited driving privilege order for a person whose driver's license is revoked for an impaired driving conviction under GS 20-138.1. Now requires the court to order the designated motor vehicle equipped with a functioning ignition interlock system be set to prohibit driving with an alcohol concentration of greater than 0.02 (was 0.00).
Further amends GS 20-19(c3), which places additional restrictions on drivers licenses which are restored following revocation pursuant to the following statutes, as applicable: GS 20-13.2(a) (revocation of a provisional license following a conviction for driving while impaired under 21); GS 20-23 (revocation following out-of-State impaired driving convictions); GS 20-23.2 (revocation following federal impaired driving convictions); GS 20-17(a)(2) (revocation for impaired driving under GS 20-138.1 or impaired driving in a commercial vehicle under GS 20-128.2 if the alcohol concentration was .06 or higher); GS 20-17(a)(1) or (9) (revocation for manslaughter, felony or misdemeanor death by vehicle, or serious injury by vehicle, when the offense involved impaired driving); GS 20-138.5(d) (permanent revocation for habitual impaired driving); or subsection (c3). Adds a new additional restriction of a license restored after certain impaired driving convictions pursuant to GS 20-17.8 requiring an ignition interlock system that the person not operate a vehicle with an alcohol concentration of 0.02 or more at any relevant time after the driving during the period that the ignition interlock is required.
Revises proposed GS 20-179.5 to explicitly place the cost of installation and monitoring of an ignition interlock system required by a court or the Division of Motor Vehicles (Division) pursuant to the Chapter (was Article 3) on the person ordered to install the system, collected by agreed terms with the vendor.