GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1995

S	1 

SENATE BILL 839

Short Title:  Graduated Drivers Licenses.	(Public)

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Sponsors: Senators Allran and Cooper.

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Referred to:  Transportation

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April 26, 1995

A BILL TO BE ENTITLED
AN ACT TO PROVIDE FOR GRADUATED MOTOR VEHICLES DRIVERS LICENSES AS RECOMMENDED BY THE NORTH CAROLINA CHILD FATALITY TASK FORCE.
The General Assembly of North Carolina enacts:
Section 1.  G.S. 20-11 reads as rewritten:
"§ 20-11.  Application of minors.
			(a)	Unless the Division issues rules defining extenuating circumstances for varying the requirements of this subsection, graduated provisional drivers licenses shall be issued to minors between the ages of 15 and 18 years under the following experience-based conditions:
(1)	Level I.  Limited learners permit.
a.	An applicant for a limited learners permit, valid for 18 months, shall:
1.	Be at least 15 years of age;
2.	Submit an application which shall be signed by both 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 an application when the application misstates the age of the minor and any person knowingly violating this provision shall be guilty of a Class 2 misdemeanor;
3.	Pass a course of driver education, as prescribed in G.S. 20-88.1, or satisfactorily complete a course of driving instruction offered at a licensed commercial driver training school or an approved nonpublic secondary school, provided instruction offered in those schools has been approved by the Division and the State Superintendent of Public Instruction.
		All approved driver training and safety education courses and courses of driving instruction shall include at least six hours of actual driving experience;
4.	Pass a written test administered by the Division; and
5.	Pay a ten dollar ($10.00) fee.
b.	A limited learners permit allows only supervised driving.  The supervisor shall be a licensed parent, guardian, or other person approved by the Division.  The supervisor shall be seated beside the permit holder and shall be the only other occupant allowed in the front seat.
c.	Every person occupying a vehicle being driven by a Level I licensee shall be secured by a properly fastened safety belt when the vehicle is in motion.
d.	If a person holding a Level I learners permit drives a motor vehicle in violation of law, the permit shall be suspended in accordance with G.S. 20-13(b).
e.	A driver who holds a Level I limited learners permit shall not be deemed a licensed driver for the purpose of determining the inexperienced operator premium surcharge under automobile insurance policies.
(2)	Level II Provisional License.
a.	An applicant for a Level II provisional license shall:
1.	Be at least 16 but less than 18 years of age;
2.	Possess a Level I limited learners permit for a period of not less than six months with no moving violations or seat belt infractions;
3.	Pass a road test administered by the Division; and
4.	Submit an application which shall be signed by both 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 an application when the application misstates the age of the minor and any person knowingly violating this provision shall be guilty of a Class 2 misdemeanor; and
5.	Pay a fee required by G.S. 20-7(i).
b.	A Level II provisional licensee may drive unsupervised.
c.	Every person occupying a vehicle being driven by a Level II licensee shall be secured by a properly fastened safety belt when the vehicle is in motion.
(b)	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 an unrestricted motor vehicle drivers license from his prior state of residence:
(1)	Issue to the minor a temporary drivers permit with any necessary terms and conditions to allow the minor to operate a motor vehicle of a specified type or class in this State in order to obtain the driver education courses or a course of driving instruction necessary for a drivers license in North Carolina;
(2)	Issue to the minor the graduated license appropriate to his age and experience as provided by this section; or
(3)	Issue to the minor an unrestricted drivers license if the minor possessed a valid unrestricted drivers license in his previous state of residence for the 12-month period immediately preceding the date of the application and has not been convicted of a traffic violation for which points may be assessed under this Article.
Every application for a temporary drivers permit shall be made upon the approved form furnished by the Division.  A temporary drivers permit issued pursuant to this section shall be subject to all provisions of law relating to drivers license."
Sec. 2.  G.S. 20-12 reads as rewritten:
"§ 20-12. Instruction.
Any licensed driver may instruct a person who is 18 or more years of age in the operation of any motor vehicle that the person instructing is licensed to drive. Any person so instructing another must actually occupy the seat beside the driver."
Sec. 3.  This act becomes effective January 1, 1997.