Bill Summaries: S%20636 MODIFY GRADUATED LICENSING REQUIREMENTS.

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  • Summary date: Jun 30 2011 - View Summary

    AN ACT TO MODIFY THE LEVEL 2 RESTRICTIONS FOR PROVISIONAL LICENSES; TO REQUIRE A DRIVING LOG SHOWING SIXTY HOURS OF DRIVING TIME BY A PERSON WITH A LIMITED LEARNER'S PERMIT BEFORE A LEVEL 2 PROVISIONAL LICENSE MAY BE ISSUED; TO REQUIRE A DRIVING LOG SHOWING TWELVE HOURS OF DRIVING TIME BY A PROVISIONAL LICENSEE BEFORE A LEVEL 3 PROVISIONAL LICENSE MAY BE ISSUED; TO REQUIRE AN IMMEDIATE REVOCATION OF A PROVISIONAL LICENSE IF THE PROVISIONAL LICENSEE IS CHARGED WITH CERTAIN MOVING VIOLATIONS; AND TO REQUIRE THE DIVISION OF MOTOR VEHICLES TO REPORT ON THE EFFECTIVENESS OF THE PROVISIONS OF THIS ACT. Summarized in Daily Bulletin 4/18/11, 6/7/11, 6/15/11, and 6/17/11. Enacted June 27, 2011. Effective October 1, 2011.


  • Summary date: Jun 17 2011 - View Summary

    House amendments, adopted 6/16/11, make the following changes to 3rd edition. Amendment #1 deletes all provisions in previous edition related to raising the age of provisional licensees from 18 years old to 19 years old. Amends GS 20-11(f) to provide that a person may obtain a full provisional license if, along with other requirements, the person has held a limited provisional license issued by the Division of Motor Vehicles for at least six months (previously amended to 12 months). Deletes provision in previous edition providing that a person at least 23 years old may be considered a supervising driver under the statute for a permit holder or license holder at least 18 years old. Deletes provisions in previous edition providing that a person at least 18 years old may make his or her own certification regarding moving violations under GS 20-11(h1)(1), GS 20-11(h1)(2), GS 20-11(h2), and GS 20-11(h3). Deletes provision stating that a provisional licensee who is at least 18 years old may request a hearing regarding a suspended provisional license. Deletes provision in previous edition amending the age of a person prohibited from operating a vehicle on a public street or highway while using a mobile telephone while the vehicle is in motion. Deletes all provisions in previous edition providing for the revocation of a provisional license when charged with a seatbelt violation. Makes other technical and conforming changes, including to the bill title and effective date.
    Amendment #2 rewrites proposed GS 20-11(d)(5) to remove the requirement that a supervising driver pay a civil penalty of $100, and remove the right to a hearing, if the Division has cause to believe a driving log, as detailed by the subsection, is falsified. Makes similar changes to proposed GS 20-11(f)(4).


  • Summary date: Jun 15 2011 - View Summary

    House committee substitute makes the following changes to the 2nd edition. Amends GS 20-11 to raise the age of provisional licensees from 18 years old to 19 years old. Amends proposed GS 20-11(d)(5) to require a driving log showing 60 hours (previously 120) as the operator of a motor vehicle, as detailed, before a person is issued a level 2 provisional license. Amends GS 20-11(f) to provide a person may obtain a full provisional license if, along with other requirements, the person has held a limited provisional license issued by the Division for at least 12 months (previously six months). Amends GS 20-11(k) to provide a person at least 23 years old may be considered a supervising driver under the statute for a permit holder or license holder at least 18 years old. Provides that a person at least 18 years old may make his or her own certification regarding moving violations under GS 20-11(h1)(1), GS 20-11(h1)(2), GS 20-11(h2), and GS 20-11(h3).
    Amends GS 20-16(b) to provide that a provisional licensee that is at least 18 years old may request a hearing regarding a suspended provisional license. Amends GS 20-137.3 to provide that, except as otherwise provided in the statute, no person under the age of 19 years old (previously 18 years old) may operate a vehicle on a public street or highway while using a mobile telephone while the vehicle is in motion. Makes additional conforming changes, including to bill title. Effective October 1, 2011, and applies to limited learner’s permits, limited provisional licenses, and full provisional licenses issued on or after that date, but does not apply to a person who is issued a full provisional license or reaches the age of 18 years old prior to October 1, 2011.


  • Summary date: Jun 7 2011 - View Summary

    Senate committee substitute makes the following changes to 1st edition. Deletes provisions in previous edition concerning penalties for violations of the statute, and concerning notification procedures when a provisional licensee has been charged with certain violations.
    Rewrites GS 20-11(d) to require the completion of a driving log before a person between 16 and 18 years old may obtain a limited provisional license. Details the requirements of the driving log and the procedure for instances when the Division of Motor Vehicles (DMV) believes the log has been falsified. Makes similar changes to GS 20-11(f); however, decreases the amount of time which must be nighttime driving from 10 hours to 6 hours and requires a minimum of 12 hours (was, 120 hours) driving time. These provisions are effective October 1, 2011, and apply to limited learner’s permits and limited provisional licenses issued on or after that date.
    Enacts new GS 20-13.3 to provide that a provisional licensee’s permit or license is subject to revocation if the licensee has committed certain offenses. Provides procedure for law enforcement officers and judicial officers to follow in executing such revocation. Details the effect of a revocation. Provides that proceedings under the statute are civil actions. Specifies that no driver’s license points or insurance surcharge will be assessed for a revocation pursuant to the statute. Effective October 1, 2011, and applies to offenses committed on or after that date.
    Directs the DMV to study the issue of teen driving and the effectiveness of the provisions of the act, as specified. Directs the DMV to include in the study any additional statistics or information it finds relevant to evaluating the act, and recommendations for improving the safety of teen drivers. Directs the DMV to report findings to the Joint Legislative Transportation Oversight Committee no later than February 1, 2014 (previously February 1, 2013). Effective October 1, 2011. Makes conforming changes to the bill title.


  • Summary date: Apr 18 2011 - View Summary

    As title indicates. Amends GS 20-11(e), clarifying that a Level 2 limited provisional license holder may drive without supervision, among other times under existing law, when driving directly to or from work, or directly to or from a specified volunteer activity. Amends GS 20-11(f), adding that a person may obtain a full provisional license after, among other requirements, completing a driving log with at least 120 hours of applicable driving time. Specifies additional requirements for the log, and revokes the license for one year if the DMV determines the log was falsified. Enacts new subsection (o) to GS 20-11 (limited learner’s permit and provisional drivers license to persons under 18 years old) to revoke a provisional license if the licensee is charged with any of the specified violations. Enacts new subsection (n) to GS 20-11, requiring law enforcement officers to immediately notify the DMV that a provisional licensee has been charged with a specified violation. Directs the DMV to study the effectiveness of this act by evaluating five listed figures, and to report to the Joint Legislative Transportation Oversight Committee by February 1, 2013. Applies to provisional licenses issued and offenses committed on or after October 1, 2011.