GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1991

S	2 

SENATE BILL 90
Second Edition Engrossed 3/5/91

Short Title:  "Desert Storm”MV License Renewals.	(Public)
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Sponsors: Senators Pollard, Bryan; Allran, Barnes, Blackmon, Carpenter, Carter, Cochrane, Daniel, Daughtry, Forrester, Hartsell, Murphy, Plexico, Raynor, Shaw, Sherron, Simpson, and Tally.
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Referred to:  Transportation.
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February 18, 1991

A BILL TO BE ENTITLED
AN ACT TO PROVIDE FOR A NINETY-DAY PERIOD OF TIME FOR THE RENEWAL OF DRIVERS LICENSES, TO WAIVE THE CIVIL PENALTY FOR LAPSED LIABILITY INSURANCE, AND TO WAIVE THE SERVICE CHARGE FOR REREGISTRATION OF A VEHICLE OF MILITARY PERSONNEL DEPLOYED IN SUPPORT OF "OPERATION DESERT SHIELD”OR "OPERATION DESERT STORM."
The General Assembly of North Carolina enacts:
Section 1.  G.S. 20-7(f) reads as rewritten:
"(f)	The driver's licenses issued under this section shall automatically expire on the birthday of the licensee in the fourth year following the year of issuance; and no new license shall be issued to any operator after the expiration of his license until such operator has again passed the examination specified in this section. Any operator may at any time within 60 days prior to the expiration of his license apply for a new license and if the applicant meets the requirements of this Article, the Division shall issue a new license to him.  A new license issued within 60 days prior to the expiration of an applicant's old license or within 12 months thereafter shall automatically expire four years from the date of the expiration of the applicant's old license.
Any person serving in the armed forces of the United States on active duty and holding a valid driver's license properly issued under this section and stationed outside the State of North Carolina may renew his license by making application to the Division by mail.  Any other person, except a nonresident as defined in this Article, who holds a valid driver's license issued under this section and who is temporarily residing outside North Carolina, may also renew by making application to the Division by mail.  For purposes of this section ‘temporarily' shall mean not less than 30 days continuous absence from North Carolina.  In either case, the Division may waive the examination and color photograph ordinarily required for the renewal of a driver's license, and may impose in lieu thereof such conditions as it may deem appropriate to each particular application; provided that such license shall expire 30 days after licensee returns to North Carolina, and such license shall be designated as temporary.
Any person serving in the armed forces of the United States on active duty and any member of the North Carolina National Guard or North Carolina Air National Guard on active duty who holds a drivers license issued pursuant to this section who was deployed outside the State in support of ‘Operation Desert Shield,' or ‘Operation Desert Storm' on or after August 6, 1990, shall have 90 days from the date of that person's return to the State to renew a drivers license that expired during the deployment.  This period shall not exceed two years from the original scheduled expiration date of the drivers license.  During this period the drivers license shall be valid for all purposes.  In any proceedings in which the validity of the drivers license is at issue, a copy of the person's military orders specifying the deployment shall be sufficient evidence to prove the drivers license validity during the period.
Provided further, that no person who applies for the renewal of his driver's license shall be required to take a written examination or road test as a part of any such examination unless such person has been convicted of a traffic violation or had prayer for judgment continued with respect to any traffic violation within a four-year period immediately preceding the date of such person's renewal application or unless such person suffers from a mental or physical condition which impairs his ability to operate a motor vehicle.
Provided further, that no person who applies for the renewal of his driver's license and who must take the written examination pursuant to this section shall be issued a renewed license unless such person has furnished proof that he is financially responsible.  Proof of financial responsibility shall be in one of the following forms:
(1)	A written certificate or electronically-transmitted facsimile thereof from any insurance carrier duly authorized to do business in this State certifying that there is in effect a nonfleet private passenger motor vehicle liability policy for the benefit of the person required to furnish proof of financial responsibility.  The certificate or facsimile shall state the effective date and expiration date of the nonfleet private passenger motor vehicle liability policy and shall state the date that the certificate or facsimile is issued.  The certificate or facsimile shall remain effective proof of financial responsibility for a period of 30 consecutive days following the date the certificate or facsimile is issued but shall not in and of itself constitute a binder or policy of insurance or
(2)	A binder for or policy of nonfleet private passenger motor vehicle liability insurance under which the applicant is insured, provided that the binder or policy states the effective date and expiration date of the nonfleet private passenger motor vehicle liability policy.
The provisions of the preceding paragraph do not apply to applicants who do not own currently registered motor vehicles and who do not operate nonfleet private passenger motor vehicles that are owned by other persons and that are not insured under commercial motor vehicle liability insurance policies.  In such cases, the applicant shall sign a written certificate to that effect.  Such certificate shall be furnished by the Division and may be incorporated into the license application form.  Any material misrepresentation made by such person on such certificate shall be grounds for suspension of that person's license for a period of 90 days.
For the purpose of this subsection, the term ‘nonfleet private passenger motor vehicle' has the definition ascribed to it in Article 40 of General Statute Chapter 58.
	The Commissioner may require that certificates required by this subsection be on a form approved by the Commissioner.
Nothing in this subsection precludes any person from showing proof of financial responsibility in any other manner authorized by Articles 9A and 13 of this Chapter."
Sec. 2.  G.S. 20-309(e) reads as rewritten:
"(e)	Upon termination by cancellation or otherwise of an insurance policy provided in subsection (b) of this section, the insurer shall notify the Division of such termination. The Division, upon receiving notice of cancellation or termination of an owner's financial responsibility as required by this Article, shall notify such owner of such cancellation or termination, and such owner shall, to retain the registration plate for the vehicle registered or required to be registered, within 10 days from date of notice given by the Division either:
(1)	Certify to the Division that he had financial responsibility effective on or prior to the date of such termination; or
(2)	In the case of a lapse in financial responsibility, pay a fifty dollar ($50.00) civil penalty; and certify to the Division that he now has financial responsibility effective on the date of certification, that he did not operate the vehicle in question during the period of no financial responsibility with the knowledge that there was no financial responsibility, and that the vehicle in question was not involved in a motor vehicle accident during the period of no financial responsibility.
Failure of the owner to certify that he has financial responsibility as herein required shall be prima facie evidence that no financial responsibility exists with regard to the vehicle concerned and unless the owner's registration plate has on or prior to the date of termination of insurance been surrendered to the Division by surrender to an agent or representative of the Division designated by the Commissioner, or depositing the same in the United States mail, addressed to the Division of Motor Vehicles, Raleigh, North Carolina, the Division shall revoke the vehicle's registration for 30 days.
In no case shall any vehicle, the registration of which has been revoked for failure to have financial responsibility, be reregistered in the name of the registered owner, spouse, or any child of the spouse, or any child of such owner within less than 30 days after the date of receipt of the registration plate by the Division of Motor Vehicles, except that a spouse living separate and apart from the registered owner may register such vehicle immediately in such spouse's name. Additionally, as a condition precedent to the reregistration of the vehicle by the registered owner, spouse, or any child of the spouse, or any child of such owner, except a spouse living separate and apart from the registered owner, the payment of a restoration fee of fifty dollars ($50.00) and the appropriate fee for a new registration plate is required. Any person, firm or corporation failing to give notice of termination shall be subject to a civil penalty of two hundred dollars ($200.00) to be assessed by the Commissioner of Insurance upon a finding by the Commissioner of Insurance that good cause is not shown for such failure to give notice of termination to the Division.
Any person serving in the armed forces of the United States on active duty and any member of the North Carolina National Guard or North Carolina Air National Guard on active duty who was deployed outside the State in support of ‘Operation Desert Shield' or ‘Operation Desert Storm' shall be exempt from the civil penalty and restoration fee provided by this section, if the civil penalty or restoration fee arose during the deployment or within 90 days after that person's return to the State.  This exemption is available only if the motor vehicle on which financial responsibility lapsed was in storage during the deployment, and at no time was operated on any State Highway.  In any proceeding to determine if the civil penalty or restoration fee should apply, a copy of the person's military orders specifying the deployment and a written affidavit stating that the vehicle was in storage shall be sufficient evidence of qualification for the exemption."
Sec 3. This act is effective upon ratification.