GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1995

S	2 

SENATE BILL 839
Finance Committee Substitute Adopted 6/6/95

Short Title:  Graduated Drivers Licenses.	(Public)

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Sponsors:

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Referred to:

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April 26, 1995

A BILL TO BE ENTITLED
AN ACT TO PROVIDE FOR GRADUATED DRIVERS LICENSES FOR PROVISIONAL LICENSEES 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.  Issuance of learner's permit and limited learner's permit.
			(a)	Qualifications. –  A person who is qualified to obtain a drivers license under this Article may obtain a learner's permit.  A person who is at least 15 years old but less than 18 years old and has completed a drivers education program approved by the State Superintendent of Public Instruction may obtain a limited learner's permit.
(b)	Application. – An application for a learner's permit submitted by a person who is less than 18 years old must be signed by the person's parent or guardian or, if a parent or guardian is not available, by an adult approved by the Division.
An application for a limited learner's permit must designate one or more persons who will supervise the applicant's driving by riding in the front seat with the applicant when the applicant drives a motor vehicle.  Each person designated must be at least 18 years old and must have a drivers license that is issued by the Division and authorizes the person to drive the type or class of motor vehicle the applicant intends to drive.  The application must be signed by both the applicant and one of the persons designated on the form as a supervising driver.
An applicant for a learner's permit or a limited learner's permit is not required to take a road test.
(c)	Scope of Learner's Permit. – A learner's permit authorizes the permit holder to drive a specified type or class of motor vehicle only under the following conditions:
(1)	When the holder of the permit is in possession of the permit.
(2)	When a person licensed by the Division for the type or class of motor vehicle driven by the permit holder is seated in the front seat of the vehicle next to the permit holder.
(d)	Scope of Limited Learner's Permit. – A limited learner's permit authorizes the permit holder to drive a specified type or class of motor vehicle only under the following conditions:
(1)	The holder of the permit must be in possession of the permit.
(2)	A person designated on the application form as a supervising driver must be seated beside the permit holder in the front seat of the vehicle when it is in motion.
(3)	Each person who is a passenger in the vehicle and who occupies a seat for which a seat safety belt was installed when the vehicle was manufactured must be fastened in the belt or, if the passenger is less than 4 years old, be secured in a car safety seat when the vehicle is in motion.
(4)	If seat safety belts were installed in seats behind the vehicle's front seat when the vehicle was manufactured or seat safety belts have been installed in these seats since the vehicle was manufactured, the number of passengers seated in back seats of the vehicle cannot exceed the number of seat belts the vehicle has for back seats.
(e)	Duration and Fee. –   A learner's permit or a limited learner's permit is valid for a period of 18 months after it is issued.  A learner's permit or a limited learner's permit may be renewed, or a second permit may be issued, for an additional period of 18 months.  The fee for a learner's permit or a limited learner's permit is ten dollars ($10.00).  
(f)	Insurance Status. – The holder of a limited learner's permit is not considered a licensed driver for the purpose of determining the inexperienced operator premium surcharge under automobile insurance policies."
Sec. 2.  G.S. 20-12 reads as rewritten:
"§ 20-12. Issuance of drivers license to person who is less than 18 years old.
(a)	Process. – Safe driving requires instruction in driving and experience.  To ensure that a person who is less than 18 years old has both instruction and experience before obtaining a drivers license, driving privileges are granted first on a limited basis and are then expanded in accordance with the following process:
(1)	Driving with a limited learner's permit issued under G.S. 20-11.
(2)	Driving as a provisional licensee.
(3)	Driving as an adult.
(b)	Requirements. – A person who is at least 16 years old but is less than 18 years old must meet the requirements set in G.S. 20-7 for obtaining a drivers license as well as the following requirements:
(1)	Have held a limited learner's permit issued by the Division for at least six months.
(2)	Not been convicted of a motor vehicle moving violation, as defined in G.S. 20-13(a), or been found responsible for an infraction under G.S. 20-135.2A, which governs the use of seat safety belts, in at least six of the months in which the person had a limited learner's permit.
(3)	Have the license application signed by the person's parent or another adult.
(c)	Out-of-State Exceptions. – A person who is at least 16 years old but less than 18 years old, who was a resident of another state and has a drivers license issued by that state, and who becomes a resident of this State may obtain one of the following:
(1)	A Class C temporary permit, if the person has not completed a drivers education program that meets the requirements of the State Superintendent of Public Instruction but is currently enrolled in a drivers education program that meets these requirements.  A Class C temporary permit is valid for the period specified in the permit.  The period must end within 10 days after the expected completion date of the drivers education program in which the applicant is enrolled.
(2)	A drivers license, if the person held the license issued by the other state for at least 12 months and has not been convicted of an offense for which points are assessed under G.S. 20-16.
(d)	Restrictions. – A person who has a drivers license issued by the Division and is at least 16 years old but is less than 18 years old must comply with the conditions set in G.S. 20-11(d)(3) and (d)(4) that apply to driving with a limited learner's permit."
Sec. 3.  G.S. 20-7(l) reads as rewritten:
"(l)	Learner's Permit. –G.S. 20-11 governs the issuance of a learner's permit or a limited learner's permit."
Sec. 4.  G.S. 20-88.1(a) reads as rewritten:
"(a)	In accordance with criteria and standards approved by the State Board of Education, the State Superintendent of Public Instruction shall organize and administer a program of driver education to be offered at the public high schools of this State for all physically and mentally qualified persons who (i) are older than 14 years and six months, (ii) are approved by the principal of the school, pursuant to rules adopted by the State Board of Education, (iii) are enrolled in a public or private high school within the State, and (iv) have not previously enrolled in the program. The State Board of Education shall use for such purpose all funds appropriated to it for said purpose, and may use all other funds that become available for its use for said purpose. 
The driver education program established pursuant to this section shall include the following:
(1)	Instruction on the rights and privileges of the handicapped and the signs and symbols used to assist the handicapped relative to motor vehicles, including the "international symbol of accessibility" and other symbols and devices as provided in Article 2A of this Chapter. 
(2)	At least six hours of instruction on the offense of driving while impaired and related subjects.
(3)	At least six hours of actual driving experience."
Sec. 5.  This act becomes effective January 1, 1997.