DOT/DMV CHANGES.

View NCGA Bill Details2017-2018 Session
Senate Bill 3 (Public) Filed Wednesday, January 25, 2017
A BILL TO BE ENTITLED AN ACT TO MAKE CHANGES TO STATE LAW RELATED TO THE DEPARTMENT OF TRANSPORTATION AND THE DIVISION OF MOTOR VEHICLES, AS RECOMMENDED BY THE JOINT LEGISLATIVE TRANSPORTATION OVERSIGHT COMMITTEE.
Intro. by Rabon, Harrington.

Status: Re-ref Com On Rules and Operations of the Senate (Senate Action) (Jun 26 2017)

SOG comments (1):

Identical bill

Identical to H 110, filed 2/15/17.

Bill History:

S 3

Bill Summaries:

  • Summary date: Jun 20 2017 - More information

    House committee substitute makes the following changes to the 4th edition.

    Deletes proposed GS 136-19.6, regarding the disposal of residue real property by the Department of Transportation (DOT). Deletes proposed Pilot Program to Reduce Inventory of DOT Residue Property, and accompanying report by DOT regarding the pilot program.

    Amends GS 136-19.Adds a new subsection, whichincludes provisions concerning the acquisition of land and deposits of materials, condemnation proceedings, and federal parkways, to provide for the disposal of remainder property acquired in connection with acquisition of right-of-way by the Department of Transportation (DOT). Provides 11 parameters that govern the disposal of remainder properties acquired in connection with acquisition of right-of-way, including that the sale of all residues will be by public sale, except as otherwise specified in the new subsection. Sets out provisions dictating the form of sale, advertising requirements, and situations warranting sale by negotiation rather than by public sale. States that all sales of surplus lands require the approval of the Board of Transportation. Grants authority to the DOT to adopt, amend, or repeal rules to implement the new subsection.

    Deletes amendment to GS 136-28.4(e), which extended the sunset date for DOT minority- and women-owned businesses program.

    Amends GS 20-49.1 Authorizes the Commissioner and officers and inspectors of the Division of Motor Vehicles designated by the Commissioner to enforce criminal laws when they are responding to an emergency situation that is occurring in their immediate vicinity and would likely result in bodily harm or loss of property without immediate intervention.

    Amends GS 20-28.3. Authorizes the State Surplus Property Agency or county board of education to sell any motor vehicle after expiration of 90 days from the date of seizure, or with the consent of all the motor vehicle owners (currently requires, in addition to the passage of 90 days, the vehicle to have a fair market value of less than $1500). Deletes the alternative requirement that the costs of towing and storage exceed 85% of the fair market value of the vehicle.

    Amends GS 20-28.2. Amends the definition offair market value to add a provision for determining the value of wrecked vehicles.


  • Summary date: Apr 11 2017 - More information

    Senate committee substitute makes the following changes to the 3rd edition.

    Amends GS 20-79.1 to require a dealer to, within 20 days (was, 20 working days), mail or deliver the application and fees for a temporary registration plate or marker to the DMV or local license agency for processing. 


  • Summary date: Mar 30 2017 - More information

    Senate committee substitute makes the following changes to the 2nd edition:

    Deletes porposed GS 136-19(j) (concerning the disposition of remainder properties owned by the DOT).

    Enacts new GS 136-19.6 (Residue property disposal; Department authority; definitions; classification and valuation; disposition method; proceeds; approvals required). Authorizes the DOT to manage, control, and dispose of residue property acquired in fee simple. Defines ten terms as they are used in the statute. Directs the DOT to adopt criteria for use in classifying residue property according to its highest potential benefit to the Department or to potential purchasers. Provides for reclassification of residue property after 5 years, if not disposed of, if appropriate, and provides a classification system based on the potential use of the real property. Directs the DOT to maintain an up-to-date inventory of residue property it owns in fee simple. Directs the Department to utilize best efforts to dispose of property in Class A, B, or C within four years and provides five methods by which these classes of property may be disposed. Provides that no service charge into the State Land Fund shall be deducted from or levied against the proceeds of any disposition of residue property, and that net proceeds for the disposition for residue property less any required apportionment by federal law or regulation shall be deposited in the State Highway Fund. Provides that all conveyances of residue property require DOT and Board of Transportation approval, and for property with a value of $10,000 or more, also the approval of the Governor and Council of State. Requires conveyances to be recorded. Authorizes the DOT to adopt rules to carry out this statute. Directs the DOT to report to the Joint Legislative Transportation Oversight Committee on the classification and sale of residue property by March 1, 2019, and annually thereafter, and provides requirements for the report.

    Directs the DOT to establish a pilot program by January 1, 2018, for disposing of residue property. Provides requirements for the pilot program, including instructions for a request for proposals. Provides that the pilot program terminates on January 1, 2019. Directs the DOT to report to the Joint Legislative Transportation Oversight Committee on the classification and sale of residue properties pursuant to the pilot program, and provides requirements for the report.

    Deletes proposed amendments to GS 20-288(a1) (concerning licencing for used motor vehicle dealers).

    Amends the caption for proposed GS 20-37.7(d)(3) to read "Duration for certain other persons" (was, duration for certain other drivers).

    Deletes proposed GS 20-49.1(a)(3).

    Makes technical changes.


  • Summary date: Jan 25 2017 - More information

    Part I: DOT Changes

    Adds a new subsection to GS 136-19, which includes provisions concerning the acquisition of land and deposits of materials, condemnation proceedings, and federal parkways, to provide for the disposal of remainder property acquired in connection with acquisition of right-of-way by the Department of Transportation (DOT). Provides 11 parameters that govern the disposal of remainder properties acquired in connection with acquisition of right-of-way, including that the sale of all residues will be by public sale, except as otherwise specified in the new subsection. Sets out provisions dictating the form of sale, advertising requirements, and situations warranting sale by negotiation rather than by public sale. States that all sales of surplus lands require the approval of the Board of Transportation. Grants authority to the DOT to adopt, amend, or repeal rules to implement the new subsection.

    GS 136-28.4 makes it state policy to encourage and promote the use of disadvantaged minority-owned and women-owned businesses in transportation contracts led by the DOT for the planning, design, preconstruction, alteration, or maintenance of state transportation infrastructure and in the procurement of materials for these projects. Currently, the sunset provision for GS 136-28.4 is August 31, 2017. The act extends the sunset provision for the program to August 31, 2019.

    Repeals GS 143-215.107C(d), which required the DOT to annually report to the Joint Legislative Transportation Oversight Committee and the Environmental Review Commission on the development and implementation of a plan to reduce vehicle miles traveled by state employees and vehicle emissions resulting from job-related travel by State employees. Repeals GS 143-215.107C(e), which required the DOT to annually report to the Joint Legislative Transportation Oversight Committee and the Environmental Review Commission the plan to reduce vehicle miles traveled by private-sector employees and vehicle emissions from job-related travel.

    Part II: DMV Changes

    Amends GS 20-4.01, which holds the definitions for terms used throughout GS Chapter 20 (Motor Vehicles), to clarify the definitions of fuel cell electric vehicle and plug-in electric vehicle, as the terms are used in the Chapter, to provide that they are four-wheeled motor vehicles that do not have the ability to be propelled by a gasoline engine, and meet the existing specified requirements. Previously, the definitions for a fuel cell electric vehicle and plug-in vehicle did not clarify that the vehicle must lack the ability to be propelled by a gasoline engine.

    Amends GS 20-17.1, concerning the revocation of driver's licenses for those who are mentally incompetent, alcoholics, and habitual users of narcotic drugs. Provides that, upon receipt of notice that any person has been legally adjudicated incompetent or has been involuntarily committed to an institution for the treatment of an alcohol abuse or substance disorder (previously, for the treatment of alcoholism or drug addiction), the Commissioner of Motor Vehicles (Commissioner) must conduct a factual inquiry to determine whether the person is competent to operate a motor vehicle. Current law provides that the Commissioner must consider the clerk of court’s recommendation regarding whether the incompetent person should be allowed to retain his or her driving privilege if the person has been adjudicated incompetent under GS Chapter 35A (Incompetency and Guardianship). This act replaces that language, and instead requires the Division of Motor Vehicles (DMV) to immediately revoke a person’s driving privilege when a clerk of court recommends that any person’s driving privilege be revoked in any incompetency adjudication order under GS Chapter 35A. Additionally, if the clerk of court recommends that the person retain their driving privilege or makes no recommendation in any incompetency adjudication order under GS Chapter 35A, the DMV must determine whether the person can retain their driving privilege, based upon a factual inquiry. Current law allows a person who has had their license revoked under this provision to request a hearing in writing, retain their license until after the hearing, and, if the revocation is sustained, pursue a right to review by the review board upon written request filed with the DMV under GS 20-9(g)(4) within 10 days of the notice of revocation. This act removes the right to request a hearing after revocation, and instead allows any person whose driving privilege is revoked under the provision to have a right to a review by the review board upon written request filed with the DMV under GS 20-9(g)(4) within 10 days of the notice of revocation. Makes language gender-neutral. Effective February 1, 2018, and applies to adjudications on or after that date.

    Amends GS 20-16.5 (Immediate civil license revocation for certain persons charged with implied-consent offenses), GS 20-49 (Police authority of Division), GS 20-49.1 (Supplemental police authority of Division officers and agents), GS 20-53 (Application for specially constructed, reconstructed, or foreign vehicle), and GS 20-108 (Vehicles or component parts of vehicles without manufacturer’s numbers) to replace all references to DMV license and theft inspectors to instead refer to them as DMV license and theft agents. Additionally, makes language gender-neutral. Amends GS 20-49.1 to expand the existing supplemental police authority granted to DMV officers to DMV agents. Amends GS 20-108 to expand the existing authority granted to DMV officers to DMV agents to take into custody a motor vehicle or a component part if its engine number, vehicle identification number, or manufacturer’s serial number has been altered, changed, or obliterated if the officer has probable cause to believe the person has violated subsection (a) (concerning buying, selling or possessing stolen vehicles or parts without manufacturer’s numbers for concealing or misrepresenting its identity).

    Amends GS 20-50(b), which authorizes the DMV to issue a temporary license plate for a vehicle, to bar the DMV from issuing more than two 10-day temporary license plates to a person for a particular vehicle during an annual registration period, except for a vehicle that is model year 1980 or older and is being transported directly to or from a vehicle show or exhibition. Effective January 1, 2018, and applies to applications received on or after that date.

    Amends GS 20-57(b), which sets out the requirements of a vehicle registration card, by removing the requirement that there be a space for the owner’s signature on the registration card.

    Currently, GS 20-288(a1) requires used motor vehicle dealers to submit proof of completion of a course approved by the DMV with their application for a license, which requires a 12-hour licensing course, or renewal of their license, which requires a six-hour course. Current law excepts from this course requirement persons age 62 or older as of July 1, 2002, who are seeking a renewal license. This act eliminates this exception, and instead excepts from the course requirement any person who is seeking a renewal license who is age 60 or older, and who has been licensed for at least 10 consecutive years beginning on or after the person’s 50th birthday. Effective January 1, 2018, and applies to renewals on or after that date.

    Amends GS 20-7(f)(1) by extending the duration of a provisional license issued to a person under age 18, to the sixtieth day following the person's 21st birthday (was, expires on the person's 21st birthday). Amends GS 20-7(f)(6), which authorizes remote renewal of a driver's license issued by the DMV. Expands the existing requirements and waiver of requirements in GS 20-7(f)(6) to include the remote conversion of a full provisional license. Defines remote renewal or conversion as the renewal or conversion of a driver's license or full provisional license by mail, telephone, electronic device, or other secure means approved by the Commissioner. Makes the following changes to the requirements to be eligible for remote renewal and conversion. Requires the license holder to (1) possess a valid Class C drivers license or (2) posses a valid full provisional license and be at least 18 years old at the time of the remove conversion request (previously, required the license holder to possess a valid, unexpired Class C driver's license that was issued when the person was at least 18 years old). Allows the license holder to comply with the address verification requirement by providing the address where the license holder resides at the time of the remote renewal or conversion request (previously, required to verify holder is a state resident and currently resides at the address on the license, with no option to provide a new current address to comply with the requirement). Limits the requirement that the most recent renewal was an in-person renewal and not a remote renewal to only remote renewals, not remote conversions. Effective March 1, 2018.

    Amends GS 20-79.1(d)(3), concerning temporary registration plates or markers by purchasers of motor vehicles, to expand the time limit under which a dealer must deliver the application and fees for a temporary registration plate or marker to the DMV or local license agency for processing from 10 working days to 20 working days. Applies to sales made on or after when the act becomes effective.

    Amends GS 20-37.7, which contains the provisions for special identification cards. Deletes the provisions in subsection (d) relating to the expiration of special identification cards and instead provides that a special identification card must be issued and renewed pursuant to the new provisions of subsection (d), which provide: (1) for persons under age 18, a special identification card expires on the birthday of the holder in the fifth year after issuance; (2) for persons age 18 or older, a special identification card expires on the birthday of the holder in the eighth year after issuance; (3) for persons holding valid documentation issued by or under authority of the United States that demonstrates the person’s legal presence of limited duration, a special identification card expires no later than the expiration of the authorization of the person’s legal presence in the United States; and (4) for renewal, a person must apply to the DMV to renew a special identification card during the 180-day period before the card expires. Moves the existing fee language with its seven exceptions in current subsection (d) to subsection (d1), and makes the fee applicable to new or renewed special identification cards. Creates a new subsection (d2), effective December 1, 2017, to provide for remote renewal of special identification cards issued by the DMV, which tracks the provisions relating to the requirements of the remote renewal of a drivers license in GS 20-7(f)(6), as amended by this act. Moves existing language in subsection (d1) to new subsection (d3) relating to the requirement of the DMV to adopt rules allowing for application for or renewal of special identification cards by means other than personal appearance for a person who has a severe disability causing the person to be homebound. Creates new subsection (d4) that requires the DMV to issue a temporary identification certificate valid for 60 days that is only valid for identification purposes for conducting business with the DMV and not prohibited by federal law. Requires the DMV to send the special identification card by first-class mail or post office box, as specified. Effective December 1, 2017, and applies to initial applications and renewals on or after that date. Makes conforming changes to statutory references to GS 20-37.7 and its specific subsections in GS 20-9.2 and GS 163-275, effective December 1, 2017.

    Amends GS 20-49.1 to expand the list of situations where the Commissioner and the officers and inspectors of the DMV whom the Commissioner designates have the authority to enforce criminal laws. Adds that, when the Commissioner, its officers, or inspectors are responding to an emergency situation that is occurring in their immediate vicinity and that would likely result in bodily harm or loss of property without immediate intervention, the Commissioner, the officers, and the inspectors of the DMV have the authority to enforce criminal laws.

    Repeals GS 20-37.01 and GS 20-37.02(e), which established the Drivers License Technology Fund and authorized sources of funding for the Fund.

    Makes a technical correction to GS 58-37-1(6), which defines motor vehicle as it is used in Article 37 (North Carolina Motor Vehicle Reinsurance Facility) of GS Chapter 58.

    Part III: Effective Date

    Except as otherwise provided, this act is effective July 1, 2017. 


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