Bill Summary for S 391 (2025-2026)
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- Courts/Judiciary
- Civil
- Civil Law
- Motor Vehicle
- Development, Land Use and Housing
- Property and Housing
- Education
- Government
- Public Safety and Emergency Management
- State Agencies
- Department of Natural and Cultural Resources (formerly Dept. of Cultural Resources)
- Department of Transportation
- State Government
- State Personnel
- Local Government
- Transportation
Bill Information:
View NCGA Bill Details(link is external) | 2025-2026 Session |
AN ACT TO REVISE LAWS CONCERNING THE DEPARTMENT OF TRANSPORTATION.Intro. by Rabon, Sawyer, Lazzara.
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Bill summary
Senate committee substitute to the 2nd edition makes the following changes.
Makes a technical change to the lead-in language amending GS 20-288(b2) and GS 143C-6-11.
Deletes the proposed changes to GS 136-19.4 concerning the registration of right-of-way plans.
Modifies the proposed changes to GS 136-89.214 to allow the Turnpike Authority to send a toll bill to the email account on file with any (was, a) state Department of Motor Vehicles of the registered owner of the vehicle or person who had care, custody, and control of the vehicle, subject to written consent.
Further amends GS 136-76.2, which establishes DOT's bridge program whereby appropriated funds are used for improvements to culverts associated with a component of the State highway system and improvements to structurally deficient and functionally obsolete bridges. Concerning modifications to the list of exceptions to the general requirement that projects funded under the bridge program must be outsourced to private contractors to now except projects for the installation of culverts and structures, described in subsection (b), on low volume or non-outlet roads, limits the exception to installations with a cost of $500,000 or less per project.
Changes the heading to the proposed changes to GS 136-12 and modifies the proposed changes to require the Department of Transportation (DOT) to submit, rather than make, a full printed and detailed report to the NCGA by the tenth day of each regular session as previously specified. Makes conforming changes to the statutory caption.
Deletes the proposed changes to GS 136-108, GS 136-112, and GS 136-89.52 concerning the acquisition and condemnation of property by DOT, measurement of damages, and the imposition of easements.
Adds the following new content.
Amends GS 115C-332, establishing mandatory criminal history checks of individuals contracted by local boards of education to provide transportation services to students which must be done before the individual can act as a contracted driver. Authorizes local boards to delegate its duties to another person and to require payment for the criminal history check or fingerprinting. Provides for local boards to request, comply, and receive previously completed checks from another local board if the check was completed within three years of the request, subject to written release and standardized form requirements specified. Applies to contracts for transportation services for students beginning with the 2025-26 school year.
Effective October 1, 2025, adds the following.
Enacts GS 160A-300.4 and GS 153A-246.1 authorizing cities and counties to adopt ordinances for the civil enforcement of the speed limit set for school zones by means of an electronic speed-measuring system. Defines an electronic speed-measuring system as a mobile or fixed device consisting of an automated traffic camera and sensor capable of measuring speed and producing one or more digital photographs of a motor vehicle violating a posted speed limit. Establishes requirements for system approval, calibration, and testing; posted notices of their installation or use on a street or highway; and DOT approval where installed on a DOT right-of-way. Authorizes DOT to adopt necessary implementing policies and rules. Specifies that violations detected by the system are not infractions if citations are issued pursuant to the new statutes. Lists six criteria ordinances adopted under the new statues must satisfy which address the vehicle owner's responsibility for the violation and opportunity to contest; set a $250 civil penalty for violations and for which no license points are authorized; describe required content of citations; provide for processing and service of citations, and a $50 late penalty for citations not paid within 30 days; require establishing an administrative hearing and appeal procedure for contested citations; and provide consequences for failure to pay the civil penalty, including barring vehicle registration. Authorizes interlocal cooperation agreements between counties or cities, local boards of education, and law enforcement for the purposes of the statute, with provisions addressing cost-sharing and reimbursement.
Enacts GS 8-50.4 making results of electronic speed-measuring instruments used to enforce speed limits in school zones admissible as evidence in nonjudicial administrative hearings pursuant to new GS 160A-300.4 and GS 153A-246.1, subject to approval, calibration, and testing requirements specified. Provides that specified written certification showing required testing was made within the required testing period and that the system was accurate to be competent and prima facie evidence of those facts in the nonjudicial administrative hearing. Requires notice to be taken of rules approving the system and the procedures for their calibration or testing at the nonjudicial administrative hearing.
Amends GS 17C-6, adding to the duties of the Criminal Justice Education and Training Standards Commission to approve, in conjunction with the Secretary of Public Safety, the use of specific models and types of electronic speed-measuring systems and standards for calibration and testing for accuracy of each approved system.
Amends GS 20-54 to require the DMV to refuse vehicle registration once notified by a city or county that the owner has failed to pay any penalty imposed pursuant to new GS 160A-300.4 or GS 153A-246.1.
Adds the following new content, effective July 1, 2025.
Enacts GS 136-44.18, defining right-of-way boundaries and easements for roadways for which DOT is responsible for maintenance to be according to the typical maintenance limits for rights-of-way and easements that are DOT practice unless there is an instrument of conveyance describing the boundaries. Requires DOT to coordinate with developers to revise the development or development access such that no right-of-way access or easement is needed where the developer has made a good-faith effort, as defined, to acquire the right-of-way or easement required by the offsite improvements required by DOT as a condition of granting a permit. Directs DOT to comply with the section within a reasonable amount of time after the development shows evidence of its good faith efforts. Specifies that the section does not authorize DOT to require a Hold Harmless declaration from a developer, or authorize DOT to unconstitutionally take property.
Directs DOT to submit a report to the specified NCGA committee by October 1, 2025, describing the maintenance limits used and any recommended legislative changes relating to defining boundaries of rights-of-way and easements.
Directs DOT to adopt or amend rules to implement the section as specified.
Adds the following new content, effective on the date the act becomes law, except as otherwise provided.
Amends GS 136-32 to prohibit DOT from scheduling mowing in any right-of-way where political signs are permitted to be placed during the period described in subsection (b).
Amends GS 136-38.12 to prohibit DOT from scheduling mowing of highway rights-of-way during the month of May.
Amends GS 136-18 to allow DOT and the Turnpike Authority to enter into up to six agreements with private entities pursuant to the requirements set froth in subdivision (39a)a (was, DOT or the Authority can enter into up to three agreements).
Amends GS 20-146 to prohibit vehicles having a gross vehicle weight rating of 26,001 pounds or more from operating in the left most lane of a controlled-access highway with six or more lanes except when entering or exiting the highway, avoiding a hazard, or to pass. Applies to offenses committed on or after December 1, 2025.
Provides that a Class C regular drivers license remains valid for purposes of establishing the license holder's driving privilege for a period of up to two years after its expiration. Excludes canceled, revoked, or suspended licenses. States legislative intent. Directs the Joint Legislative Oversight Committee (Committee) to review any studies or audits conducted or commissioned by, or any recommendations of, the Committee, DOT, or the State Auditor to address staffing shortages, employee retention, outdated technology, and other issues contributing to excessive wait times and delays at DMV. Requires the Committee to submit its findings and recommended legislation to the 2026 NCGA. Applies to Class C drivers licenses that expire on or after the date the act becomes law. Expires on December 31, 2027.
Amends GS 136-133.1 concerning compensatory replanting of tress and vegetation to require replanting determinations to be made in accordance with GS 136-18(9), mandating the use of native plants in highway rights-of-way.
Directs DOT and the Department of Natural and Cultural Resources (DNCR) to consult with NCSU and NCA&T to study and develop a list of native grasses, plants, and seeds to be used for erosion control, and a list of high-threat invasive plant species and a plan for their removal from State parks and highway rights-of-way, as specified. Directs DOT and DNCR to report to the 2026 NCGA.
Amends GS 20-127 to increase the maximum allowable number of window tinting medical exception permits from two to four. Amends GS 20-183.3 to no longer require safety inspection mechanics to inspect window tint. Makes conforming changes to GS 20-183.7. Repeals GS 20-183.7B(b)(9)o., and (c)(7)o. Enacts GS 20-127(g) to require drivers of vehicles with tinted windows to roll down the driver side window upon the approach of a law enforcement officer, or the passenger side window if the officer approaches from the passenger side. Applies to offenses committed on or after December 1, 2025.
Amends SL 2024-15, which established a pilot program for DOT to award contracts for up to five transportation projects using the Progressive Design-Build procurement process, by changing the definition of Progressive Design-Build as follows. Requires use of a qualifications based selection process (was, stepped or progressive qualifications based selection process). Mandates Design-Build Team selection to be based on qualifications (no longer exclusively), with or without consideration of schedule or costs (was, without consideration of schedule or costs), and delivery in two distinct phases with two or more separate contracts (was, two separate contracts). Specifies that if DOT and the Design-Build Team reach agreement on a construction cost (was, guaranteed maximum construction cost), they will execute one or more contracts (was a second contract) for completion of the preliminary designs and construction of the project.
Makes conforming organizational changes.