GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1995

H	1 

HOUSE BILL 134

Short Title:  DMV/DOT Technical Changes.	(Public)

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Sponsors: Representatives McLaughlin; Bowie, McAllister, Yongue, and Sutton.

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Referred to:  Transportation, if favorable, Judiciary I.

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February 8, 1995

A BILL TO BE ENTITLED
AN ACT TO MAKE TECHNICAL CHANGES TO THE MOTOR VEHICLE LAWS AND OTHER LAWS CONCERNING THE DEPARTMENT OF TRANSPORTATION.
The General Assembly of North Carolina enacts:
Section 1.  G.S. 20-16.2(a) reads as rewritten:
"(a)	Basis for Charging Officer to Require Chemical Analysis; Notification of Rights. – Any person who drives a vehicle on a highway or public vehicular area thereby gives consent to a chemical analysis if charged with an implied-consent offense.  The charging officer must designate the type of chemical analysis to be administered, and it may be administered when the officer has reasonable grounds to believe that the person charged has committed the implied-consent offense.
Except as provided in this subsection or subsection (b), before any type of chemical analysis is administered the person charged must be taken before a chemical analyst authorized to administer a test of a person's breath, who must inform the person orally and also give the person a notice in writing that:
(1)	He has a right to refuse to be tested.
(2)	Refusal to take any required test or tests will result in an immediate revocation of his driving privilege for at least 10 days and an additional 12-month revocation by the Division of Motor Vehicles.
(3)	The test results, or the fact of his refusal, will be admissible in evidence at trial on the offense charged.
(4)	His driving privilege will be revoked immediately for at least 10 days if:
a.	The test reveals an alcohol concentration of 0.08 or more; or
b.	He was driving a commercial motor vehicle and the test reveals an alcohol concentration of 0.04 or more.
(5)	He may have a qualified person of his own choosing administer a chemical test or tests in addition to any test administered at the direction of the charging officer.
(6)	He has the right to call an attorney and select a witness to view for him the testing procedures, but the testing may not be delayed for these purposes longer than 30 minutes from the time he is notified of his rights.
If the charging officer or an arresting officer is authorized to administer a chemical analysis of a person's breath, the charging officer or the arresting officer may give the person charged the oral and written notice of rights required by this subsection.  This authority applies regardless of the type of chemical analysis designated."
Sec. 2.  G.S. 20-79.7(b) reads as rewritten:
"(b)	Distribution of Fees. – The Special Registration Plate Account and the Collegiate and Cultural Attraction Plate Account are established within the Highway Fund.  The Division must credit the additional fee imposed for the special registration plates listed in subsection (a) among the Special Registration Plate Account (SRPA), the Collegiate and Cultural Attraction Plate Account (CCAPA), and the Natural Heritage Trust Fund (NHTF), which is established under G.S. 113-77.7, as follows:
Special Plate	SRPA	CCAPA	Historical Attraction  $10  $20    0
In-State Collegiate Insignia	 $10	 $15	   0
Out-of-state Collegiate Insignia	 $10	   0	 $15
Personalized	 $10	   0	 $10
Special Olympics	 $10	 $15	   0
State Attraction	 $10	 $20	   0
Wildlife Resources	 $10	 $10	   0
All other Special Plates	 $10	   0	   0."
Sec. 3.  G.S. 20-82 is repealed.
Sec. 4.  G.S. 20-297 reads as rewritten:
"§ 20-297.  Retention and inspection of certain records.
(a)	Vehicles. – A dealer must keep a record of all vehicles received by the dealer and all vehicles sold by the dealer.  The records must contain the information the Division requires.
(b)	Inspection. – The Division may inspect the pertinent books, records, letters, and contracts of a licensee relating to any written complaint made to the Division against the licensee."
Sec. 5.  G.S. 20-88(f) is repealed.
Sec. 6. G.S. 20-135.2B(b) reads as rewritten:
"(b)	Subsection (a) of this section does not apply in any of the following circumstances:
(1)	An adult is present in the bed or cargo area of the vehicle and is supervising the child.
(2)	The child is secured or restrained by a seat belt manufactured in compliance with Federal Motor Vehicle Safety Standard No. 208, installed to support a load strength of not less than 5,000 pounds for each belt, and of a type approved by the Commissioner.
(3)	An emergency situation exists.
(4)	The vehicle is being operated in a parade pursuant to a valid permit.
(5)	The vehicle is being operated in an agricultural enterprise.
(6)	The vehicle is being operated in a county that has no incorporated area with a population in excess of 3,500."
Sec. 7.  G.S. 20-141.3(a) reads as rewritten:
"(a)	It shall be unlawful for any person to operate a motor vehicle on a street or highway willfully in prearranged speed competition with another motor vehicle.  Any person violating the provisions of this subsection shall be guilty of a Class 1 misdemeanor."
Sec. 8.  G.S. 20-141.3(b) reads as rewritten:
"(b)	It shall be unlawful for any person to operate a motor vehicle on a street or highway willfully in speed competition with another motor vehicle.  Any person willfully violating the provisions of this subsection shall be guilty of a Class 2 misdemeanor."
Sec. 9.  G.S. 20-183.2(b)(5) reads as rewritten:
"(5)	It meets any of the following descriptions:
a.	It is required to be registered in an emissions county.
b.	It is part of a fleet that is operated primarily in an emissions county.
c.	It is offered for rent in an emissions county.
d.	It is offered for sale by a dealer in an emissions county and is not a new vehicle that has not been titled.
e.	It is operated on a federal installation located in an emissions county and it is not a tactical military vehicle. Vehicles operated on a federal installation include those that are owned or leased by employees of the installation and are used to commute to the installation and those owned or operated by the federal agency that conducts business at the installation.
f.	It is otherwise required by 40 C.F.R. Part 51 to be subject to an emissions inspection."
Sec. 10.  G.S. 20-183.8C(c) reads as rewritten:
"(c)	Type III. – It is a Type III violation for an emissions self-inspector, an emissions inspection station, or an emissions inspection mechanic to do any of the following:
(1)	Fail to post an emissions license issued by the Division.
(2)	Fail to send information on emissions inspections to the Division at the time or in the form required by the Division."
Sec. 11.  G.S. 20-183.11 is repealed.
Sec. 12.  G.S. 20-183.12 is repealed.
Sec. 13.  G.S. 20-305(5)b.6. reads as rewritten:
	"6.	Whether the establishment of an additional new motor vehicle dealer or relocation of an existing new motor vehicle dealer in the relevant market area would increase competition in a manner such as to be in the long-term public interest; and".
Sec. 14.  G.S 136-66.1(4) reads as rewritten:
"(4)	If the governing body of any municipality determines that it is in the best interest of its citizens to do so, it may expend its funds for the purpose of making any of the following improvements on streets that are within its corporate limits and form a part of the State highway system:
a.	Construction of curbing and guttering.
b.	Adding of lanes for automobile parking.
c.	Constructing street drainage facilities which may by reasonable engineering estimates be attributable to that amount of surface water collected upon and flowing from municipal streets which do not form a part of the State highway system.
d.	Constructing sidewalks.
e.	Intersection improvements, if the governing body determines that such improvements will decrease traffic congestion, improve safety conditions, and improve air quality.
		In exercising the authority granted herein, the municipality may, with the consent of the Department of Transportation, perform the work itself, or it may enter into a contract with the Department of Transportation to perform such work. Any work authorized by this subdivision shall be financed entirely by the municipality and be approved by the Department of Transportation.
		The cost of any work financed by a municipality pursuant to this subdivision may be assessed against the properties abutting the street or highway upon which such work was performed in accordance with the procedures of either Article 10 of Chapter 160A of the General Statutes or any charter provisions or local acts applicable to the particular municipality."
Sec. 15.  G.S. 136-92 reads as rewritten:
"§ 136-92.  Obstructing highway drains prohibited.
It is unlawful to obstruct a drain along or leading from any public road in the State.  A person who violates this section is responsible for an infraction."
Sec. 16.  Sections 7, 8, and 15 of this act become effective July 1, 1995, and apply to offenses occurring on or after that date.  The remainder of this act is effective upon ratification.