Bill Summary for H 853 (2019-2020)

Summary date: 

Apr 17 2019

Bill Information:

View NCGA Bill Details2019-2020 Session
House Bill 853 (Public) Filed Tuesday, April 16, 2019
AN ACT TO ALLOW INDIVIDUALS WHOSE LICENSES ARE REVOKED DUE TO THE FAILURE TO PAY A FINE, PENALTY, OR COURT COSTS FOR MOTOR VEHICLE OFFENSES TO APPLY FOR LIMITED DRIVING PRIVILEGES.
Intro. by Reives, Rogers, Clemmons, Stevens.

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Bill summary

Enacts new GS 20-24.3 to allow a person whose driver's license is revoked under GS 20-24.1 for failure to a pay a fine, penalty, or court costs to apply for a limited driving privilege if the person (1) had a valid drivers license or license that had been expired for less than one year, at the time of revocation or (2) had their NC driver's license revoked because of a failure to pay a fine, penalty, or court costs in another jurisdiction if the person would be eligible for a limited driving privilege had the failure to pay occurred in the state. Defines a limited driving privilege as a judgment issued in the court's discretion for good cause shown allowing a person with a revoked driver's license to drive for essential purposes related to the person's employment, maintenance of the person's household, the person's education, the person's court-ordered treatment or assessment, community service ordered as a condition of probation, emergency medical care, and religious worship. Requires an application for a limited driving privilege to be made at the time the applicant's license is revoked; sets out requirements for the hearing on the application. Sets out additional requirements for when an applicant is authorized to drive for work-related purposes during standard working hours and when an applicant is authorized to drive for work-related purposes in nonstandard hours. Sets out additional requirements for privileges to drive for emergency medical care, maintenance of the household, and for educational purposes. Allows for modifying and revoking the limited driving privilege. Driving in a way that violates the limited driving privilege is equivalent to committing the offense of driving while license is revoked for impaired driving, and is subject to the same punishment and license revocation provisions. If there is probable cause for the charge, the privilege is suspended pending the resolution of the case. Requires proof of financial responsibility before a judge can grant limited driving privileges. Limits the duration of the limited driving privilege to no more than 12 months, but allows for renewal upon a showing of good-faith effort by the person to rectify the matter that caused the revocation. Allows a judge granting a limited driving privilege to also order that the fine, penalty, or court costs that led to the revocation be paid in installments for a term no less than the term of the driving privilege. Effective December 1, 2019.

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