Bill Summary for H 864 (2019-2020)

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Summary date: 

Apr 17 2019

Bill Information:

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.

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Bill summary

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.