GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1989

H	2 

HOUSE BILL 130
Committee Substitute Without Prejudice 5/3/89

Short Title:  Suspend Licenses of Dropouts.	(Public)
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Sponsors:
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Referred to:  
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February 1, 1989

A BILL TO BE ENTITLED
AN ACT TO REQUIRE SCHOOL ATTENDANCE OR GRADUATION AS A CONDITION FOR DRIVERS LICENSE FOR UNEMANCIPATED MINORS.
The General Assembly of North Carolina enacts:
Section 1.  G.S. 20-16(a) reads as rewritten:
"(a)	The Division shall have authority to suspend the license of any operator with or without a preliminary hearing upon a showing by its records or other satisfactory evidence that the licensee:
(1)	to (4) Repealed by Session Laws 1979, c. 36;
(5)	Has, under the provisions of subsection (c) of this section,  within a three-year period, accumulated 12 or more points, or eight or more points in the three-year period immediately following the reinstatement of a license which has been suspended or revoked because of a conviction for one or more traffic offenses;
(6)	Has made or permitted an unlawful or fraudulent use of such license or a learner's permit, or has displayed or represented as his own, a license or learner's permit not issued to him;
(7)	Has committed an offense in another state, which if committed in this State would be grounds for suspension or revocation;
(8)	Has been convicted of illegal transportation of alcoholic beverages;
(8a)	Has been convicted of impaired instruction under G.S. 20-12.1;
(8b)	Has violated on a military installation a regulation of that installation prohibiting conduct substantially equivalent to conduct that constitutes impaired driving under G.S. 20-138.1 and, as a result of that violation, has had his privilege to drive on that installation revoked or suspended after an administrative hearing authorized by the commanding officer of the installation and that commanding officer has general court martial jurisdiction;
(9)	Has, within a period of 12 months, been convicted of two or more charges of speeding in excess of 55 and not more than 80 miles per hour, or of 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;
(10)	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;
(10a)	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; 
(11)	Has been sentenced by a court of record and all or a part of the sentence has been suspended and a condition of suspension of the sentence is that the operator not operate a motor vehicle for a period of time; or
(12)	Is under the age of 18 and has withdrawn either voluntarily or involuntarily from a secondary school, pursuant to the provisions of G.S. 20-16A.
However, if the Division revokes without a preliminary hearing and the person whose license is being revoked requests a hearing before the effective date of the revocation, the licensee retains his license unless it is revoked under some other provision of the law, until the hearing is held, the person withdraws his request, or he fails to appear at a scheduled hearing."
Sec. 2.  Chapter 20 of the General Statutes is amended by adding a new section to read:
"§ 20-16A.  School attendance as a condition of licensing for privilege of operation of motor vehicle.
(a)	In accordance with the provisions of G.S. 20-16(a)(12) the Division shall suspend the drivers license of any unemancipated person under the age of 18 who withdraws, either voluntarily or involuntarily from a secondary school.
	(b)	Whenever a student 18 years of age or younger withdraws from school, the school superintendent (or the appropriate school official of any private secondary school) shall notify the Division of the withdrawal.  Within 10 working days of receipt of the notice, the Division shall send notice to the licensee that the license will be suspended pursuant to G.S. 20-16(a)(12) on the 20th day following the date the notice of suspension was mailed unless documentation from the school superintendent (or the appropriate school official of any private secondary school) is received that the person has resumed attendance at school.
	(c)	For purposes of this section, withdrawal from school shall be defined as:
(1)	More than 10 consecutive days of unexcused absence or 15 days total unexcused absences during a single semester;
(2)	Failure to pass four courses per semester; or
(3)	Failure, when required by law, to enter school at the beginning of the school year or to complete the school year.
	(d)	The Division shall not suspend the drivers license of any person under the age of 18 who withdraws from school if the Division determines:
(1)	a.	That the licensee is enrolled in good standing in a course leading to or to obtain a GED or high school diploma;
b.	That the withdrawal from school is caused by circumstances beyond the control of the student;
c.	That the withdrawal is for the purpose of transfer to another school; or
d.	That because of circumstances beyond the control of the licensee, the Division determines that the licensee has good cause or justification for withdrawing from school; and
(2)	That the license has not been suspended or revoked under some other provision of law.
For purposes of subdivision (1) of this subsection, suspension or expulsion from school, or imprisonment in a jail or penitentiary is not an excused absence or beyond the control of the student."
Sec. 3.  G.S. 20-11 reads as rewritten:
"(a)	The Division shall not grant the application of any minor between the ages of 16 and 18 years for a driver's license or a learner's permit unless such application is signed both by the applicant and by the parent, guardian, husband, wife or employer of the applicant, or, if the applicant has no parent, guardian, husband, wife or employer residing in this State, by some other responsible adult person.  It shall be unlawful for any person to sign the application of a minor under the provisions of this section when such application misstates the age of the minor and any person knowingly violating this provision shall be guilty of a misdemeanor.
(b)	The Division shall not grant the application of any minor between the ages of 16 and 18 years for a driver's license unless such minor presents evidence of having satisfactorily completed the driver training and safety education courses offered at the public high schools as provided in G.S. 20-88.1 or upon having satisfactorily completed a course of driving instruction offered at a licensed commercial driver training school or an approved nonpublic secondary school, provided instruction offered in such schools shall be approved by the State Commissioner of Motor Vehicles and the State Superintendent of Public Instruction and all expenses for such instruction shall be paid by the persons enrolling in such courses and/or by the schools offering them.
(c)	The Division shall not grant the application of any unemancipated minor between the ages of 16 and 18 years for a driver's license unless such minor presents certification that the applicant is a graduate of a secondary high school of this State or the United States, or has obtained a general educational development certificate (GED) from a State-approved institution or organization, or is enrolled in good standing in a secondary school in this State or in a course leading to or to obtain a GED or high school diploma:  Provided, that the Division may grant the application if the failure of such person to be enrolled in school, or to have graduated or to have obtained a GED is due to circumstances beyond the control of such person.
(d)	 The Division may grant an application for a limited learner's permit of any minor under the age of 16, who otherwise meets the requirements of licensing under this section, when such application is signed by both the applicant and his or her parent or guardian or some other responsible adult with whom the applicant resides and is approved by the Division of Motor Vehicles.  The limited learner's permit shall entitle the applicant, while having the permit in his immediate possession, to drive a motor vehicle of the specified type or class upon the highways while accompanied by a parent, guardian, or other person approved by the Division, who is licensed under this Chapter to operate a motor vehicle (of the type or class being operated by the permittee) and who is actually occupying a seat beside the driver.  The limited learner's permit shall be valid for a period of 18 months and the fee for issuance of a limited learner's permit shall be five dollars ($5.00).  Provided, however, a limited learner's permit as herein provided shall be issued only to those applicants who have reached the age of 15 years.  In the event a minor who has been issued a limited learner's permit under this subsection operates a motor vehicle in violation of any provision herein, the permit shall be canceled.
Provided a driver who holds a learner's permit only shall not be deemed a male operator under age 25 for the purpose of determining the insurance premium rate for persons insured under automobile property damage and bodily injury liability insurance policies.
(e)	 The Division may, upon satisfactory proof that a minor between the ages of 16 and 18 years has become a resident of North Carolina and holds a valid motor vehicle driver's license from his prior state of residence but has not completed a course in driver education which meets the requirements of this State, grant to such minor a temporary driver's permit under such terms and conditions as shall be deemed necessary by the Division to allow the minor to operate a motor vehicle of a specified type of class in this State in order to obtain the driver education courses necessary for driver's license in North Carolina.  Every application for a temporary driver's permit shall be made upon the approved form furnished by the Division.  A temporary driver's permit issued pursuant to this section shall be subject to all provisions of law relating to driver's licenses."
Sec. 4.  This act shall not be construed to obligate the General Assembly to make any appropriation to implement the provisions of this act.  Each department and agency to which this act applies shall implement the provisions of this act from funds otherwise appropriated to that department or agency.
Sec. 5.  This act shall become effective July 1, 1989.