GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1997

H	4 

HOUSE BILL 1474*
Committee Substitute Favorable 6/22/98
Committee Substitute #2 Favorable 7/7/98
Fourth Edition Engrossed 7/2l/98

Short Title:  MV Technical and Other Changes.	(Public)

─────────────────────────────────────── 
Sponsors:

─────────────────────────────────────── 
Referred to:  

─────────────────────────────────────── 

May 25, 1998

A BILL TO BE ENTITLED
AN ACT TO AMEND THE MOTOR VEHICLE LAWS TO CONFORM WITH FEDERAL LAW AND TO MAKE TECHNICAL AND OTHER CHANGES.
The General Assembly of North Carolina enacts:
Section 1.  G.S. 20-4.01(25a) reads as rewritten:
"(25a)	Out of Service Order. –A declaration that a driver, a commercial motor vehicle, or a motor carrier operation is out-of-service."
Section 2.  G.S. 20-7(f) reads as rewritten:
"(f)	Expiration and Temporary License. – The first drivers license the Division issues to a person expires on the person's fourth or subsequent birthday that occurs after the license is issued and on which the individual's age is evenly divisible by five, unless this subsection sets a different expiration date. The first drivers license the Division issues to a person who is at least 17 years old but is less than 18 years old expires on the person's twentieth birthday. The first drivers license the Division issues to a person who is at least 62 years old expires on the person's birthday in the fifth year after the license is issued, whether or not the person's age on that birthday is evenly divisible by five.
A drivers license that was issued by the Division and is renewed by the Division expires five years after the expiration date of the license that is renewed. A person may apply to the Division to renew a license during the 180-day period before the license expires. The Division may not accept an application for renewal made before the 180-day period begins.
The Division may renew by mail a drivers license issued by the Division to a person who meets any of the following descriptions:
(1)	Is serving on active duty in the armed forces of the United States and is stationed outside this State.
(2)	Is a resident of this State and has been residing outside the State for at least 30 continuous days.
When renewing a license by mail, the Division may waive the examination that would otherwise be required for the renewal and may impose any conditions it finds advisable. A license renewed by mail is a temporary license that expires 60 days after the person to whom it is issued returns to this State."
Section 2.1.  G.S. 20-11(h) reads as rewritten:
"(h)	Exception for persons 16 to 18 who have an unrestricted out-of-state license. – A person who is at least 16 years old but less than 18 years old, who was a resident of another state and has an unrestricted drivers license issued by that state, and who becomes a resident of this State may obtain one of the following:
(1)	A temporary permit, if the person has not completed a drivers education program that meets the requirements of the Superintendent of Public Instruction but is currently enrolled in a drivers education program that meets these requirements. A temporary permit is valid for the period specified in the permit and authorizes the holder of the permit to drive a specified type or class of motor vehicle when in possession of the permit, subject to any restrictions imposed by the Division concerning time of driving, supervision, and passenger limitations. 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 full provisional license, if the person has completed a drivers education program that meets the requirements of the Superintendent of Public Instruction, has held the license issued by the other state for at least 12 months, and has not been convicted during the preceding six months of a motor vehicle moving violation, a seat belt infraction, or an offense committed in another jurisdiction that would be a motor vehicle moving violation or seat belt infraction if committed in this State.
(3)	A limited provisional license, if the person has completed a drivers education program that meets the requirements of the Superintendent of Public Instruction but either did not hold the license issued by the other state for at least 12 months or was convicted during the preceding six months of a motor vehicle moving violation, a seat belt infraction, or an offense committed in another jurisdiction that would be a motor vehicle moving violation or seat belt infraction if committed in this State."
Section 2.2.  G.S. 20-11 is amended by adding a new subsection to read:
"( h1)	Exception for persons 16 to 18 who have an out-of-state restricted license. – 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 restricted drivers license issued by that state, and who becomes a resident of this State may obtain one of the following:
(1)	A limited provisional license, if the person has completed a drivers education program that meets the requirements of the Superintendent of Public Instruction, held the restricted license issued by the other state for at least twelve months, and whose parent or guardian certifies that the person not been convicted during the preceding six months of a motor vehicle moving violation, a seat belt infraction, or an offense committed in another jurisdiction that would be a motor vehicle moving violation or seat belt infraction if committed in this State.
(2)	A limited learners permit, if person has completed a drivers education program that meets the requirements of the Superintendent of Public Instruction but either did not hold the restricted license issued by the other state for at 12 months or was convicted during the preceding six months of a motor vehicle moving violation, a seat belt infraction, or an offense committed in another jurisdiction that would be a motor vehicle moving violation or seat belt infraction if committed in this State.  A person who qualifies for a limited learners permit under this subdivision and whose parent or guardian attests by affidavit that the person has not been convicted of a moving violation in the preceding six months shall be deemed to have held a limited learners permit in this State for each month the person held a restricted license in another state."
Section 2.3.  G.S. 20-11 is amended by adding a new subsection to read:
"( h2)	Exception for persons age 15 who have an out-of-state unrestricted or restricted license. – A person who is age 15, who was a resident of another state, has an unrestricted or restricted drivers license issued by that state, and who becomes a resident of this State may obtain a limited learners permit if the person has completed a drivers education program that meets the requirements of the Superintendent of Public Instruction.  A person who qualifies for a limited learners permit under this subdivision and whose parent or guardian attests by affidavit that the person has not been convicted of a moving violation in the preceding six months shall be deemed to have held a limited learners permit in this State for each month the person held an unrestricted or restricted license in another state."
Section 3.  G.S. 20-17.4 reads as rewritten:
"§ 20-17.4.  Disqualification to drive a commercial motor vehicle.
(a)	One Year. – Any of the following disqualifies a person from driving a commercial motor vehicle for one year:
(1)	A first conviction of G.S. 20-138.1, driving while impaired, that occurred while the person was driving a commercial motor vehicle.
(2)	A first conviction of G.S. 20-138.2, driving a commercial motor vehicle while impaired.
(3)	A first conviction of G.S. 20-166, hit and run, involving a commercial motor vehicle driven by the person.
(4)	A first conviction of a felony in the commission of which a commercial motor vehicle was used.
(5)	Refusal to submit to a chemical test when charged with an implied-consent offense, as defined in G.S. 20-16.2, that occurred while the person was driving a commercial motor vehicle.
(b)	Modified Life. – A person who has been disqualified from driving a commercial motor vehicle for a conviction or refusal described in subsection (a) who, as the result of a separate incident, is subsequently convicted of an offense or commits an act requiring disqualification under subsection (a) is disqualified for life.  The Division may adopt guidelines, including conditions, under which a disqualification for life under this subsection may be reduced to 10 years.
(c)	Life. – A person is disqualified from driving a commercial motor vehicle for life if that person uses a commercial motor vehicle in the commission of any felony involving the manufacture, distribution, or dispensing of a controlled substance, or possession with intent to manufacture, distribute, or dispense a controlled substance.
(d)	Less Than a Year. – A person is disqualified from driving a commercial motor vehicle for 60 days if that person is convicted of two serious traffic violations, or 120 days if convicted of three or more serious traffic violations, committed in a commercial motor vehicle arising from separate incidents occurring within a three-year period.
(e)	Three Years. – A person is disqualified from driving a commercial motor vehicle for three years if that person is convicted of an offense or commits an act requiring disqualification under subsection (a) and the offense or act occurred while the person was transporting a hazardous material that required the motor vehicle driven to be placarded.
(f)	Revocation Period. – A person is disqualified from driving a commercial motor vehicle for the period during which the person's regular or commercial drivers license is revoked.
(g)	Violation of Out-of-Service Order. – Any person convicted for violating an out-of-service order, except as described in subsection (h) of this section, shall be disqualified as follows:
(1)	A person is disqualified from driving a commercial vehicle for a period of 90 days if convicted of a first violation of an out-of-service order.
(2)	A person is disqualified for a period of one year if convicted of a second violation of an out-of-service order during any 10-year period, arising from separate incidents.
(3)	A person is disqualified for a period of three years if convicted of a third or subsequent violation of an out-of-service order during any 10-year period, arising from separate incidents.
(h)	Violation of Out-of-Service Order; Special Rule for Hazardous Materials and Passenger Offenses. – Any person convicted for violating an out-of-service order while transporting hazardous materials or while operating a commercial vehicle designed or used to transport more than 15 passengers, including the driver, shall be disqualified as follows:
(1)	A person is disqualified for a period of 180 days if convicted of a first violation of an out-of-service order.
(2)	A person is disqualified for a period of three years if convicted of a second or subsequent violation of an out-of-service order during any 10-year period, arising from separate incidents.
(i)	Disqualification for Out-of-State Violations. – The Division shall withdraw the privilege to operate a commercial vehicle of any resident of this State upon receiving notice of the person's conviction in another state for an offense that, if committed in this State, would be grounds for disqualification.  The period of disqualification shall be the same as if the offense occurred in this State.
(j)	Disqualification of Persons Without Commercial Drivers Licenses. – Any person convicted of an offense that requires disqualification under this section, but who does not hold a commercial drivers license, shall be disqualified from operating a commercial vehicle in the same manner as if the person held a valid commercial drivers license."
Section 4.  G.S. 20-37.12(b) reads as rewritten:
"(b)	The out-of-service criteria as referred to in 49 C.F.R. Subchapter B apply to a person who drives a commercial motor vehicle.  No person shall drive a commercial motor vehicle on the highways of this State in violation of an out-of-service order."
Section 5.  G.S. 20-37.16(c) reads as rewritten:
"(c)	Endorsements. – The endorsements required to drive certain motor vehicles are as follows:
Endorsement	Vehicles That Can Be Driven
H	Vehicles, regardless of size or class, except tank vehicles, when transporting hazardous materials that require the vehicle to be placarded
M	Motorcycles
N	Tank vehicles not carrying hazardous materials
P	Vehicles carrying passengers
T	Double trailers 
X	Tank vehicles carrying hazardous materials.
To obtain an H or an X endorsement, an applicant must take a test. This requirement applies when a person first obtains an H or an X endorsement and each time a person renews an H or an X endorsement. An applicant who has an H or an X endorsement issued by another state who applies for an H or an X endorsement must take a test unless the person has passed a test that covers the information set out in 49 C.F.R. § 383.121 within the preceding two years."
Section 6.  G.S. 20-115.1(b) reads as rewritten:
"(b)	Motor vehicle combinations consisting of a semitrailer of not more than 53 feet in length and a truck tractor may be operated on the interstate highways (except those exempted by the United States Secretary of Transportation pursuant to 49 U.S.C. 2311(i)) and federal-aid primary system highways designated by the United States Secretary of Transportation provided that:
(1)	Any semitrailer in excess of 48 feet in length shall not be permitted unless:
a.	The distance between the kingpin of the trailer and the rearmost axle, or a point midway between the two rear axles, if the two rear axles are a tandem axle, does not exceed 41 feet; or
b.	The semitrailer is used exclusively or primarily to transport vehicles in connection with motorsports competition events, and the distance between the kingpin of the trailer and the rearmost axle, or a point midway between the two rear axles, if the two rear axles are a tandem axle, does not exceed 46 feet; and
(2)	Any semitrailer in excess of 48 feet is equipped with a rear underride guard of substantial construction consisting of a continuous lateral beam extending to within four inches of the lateral extremities of the semitrailer and located not more than 30 inches from the surface as measured with the vehicle empty and on a level surface."
Section 7.  G.S. 20-116(d) reads as rewritten:
	"(d)	A single vehicle having two axles shall not exceed 40 feet in length of extreme overall dimensions inclusive of front and rear bumpers. A single vehicle having three axles shall not exceed 40 feet in length overall of dimensions inclusive of front and rear bumpers. Provided, however, trucks transporting unprocessed cotton from farm to gin shall not exceed 48 feet in length overall of dimensions inclusive of front and rear bumpers. A truck-tractor and semitrailer shall be regarded as two vehicles for the purpose of determining lawful length and license taxes."
Section 8.  G.S. 20-118(b)(3) reads as rewritten:
"(3)	The gross weight imposed upon the highway by any axle group of a vehicle or combination of vehicles shall not exceed the maximum weight given for the respective distance between the first and last axle of the group of axles measured longitudinally to the nearest foot as set forth in the following table: 

Distance		Maximum Weight in Pounds for any Group of Two
Between		or More Consecutive Axles
Axles*	2 Axles	3 Axles	4 Axles	5 Axles	6 Axles	7 Axles
4	38000
5 	38000
6 	38000
7 	38000
8 or less	38000	38000
more than 8	38000	42000
9 	39000 	42500
10 	40000 	43500
11 	44000
12 	45000 	50000
13 	45500 	50500
14 	46500 	51500
15 	47000 	52000
16 	48000 	52500 	58000
17 	48500 	53500 	58500
18 	49500 	54000 	59000
19 	50000 	54500 	60000
20 	51000 	55500 	60500 	66000
21 	51500 	56000 	61000 	66500
22 	52500 	56500 	61500 	67000
23 	53000 	57500 	62500 	68000
24 	54000 	58000 	63000 	68500	74000
25 	54500 	58500 	63500 	69000	74500
26 	55500 	59500 	64000 	69500	75000
27 	56000 	60000 	65000 	70000	75500
28 	57000 	60500 	65500 	71000	76500
29 	57500 	61500 	66000 	71500	77000
30 	58500 	62000	66500 	72000	77500
31 	59000 	62500	67500 	72500	78000
32 	60000 	63500	68000 	73000	78500
33 	64000	68500 	74000	79000
34 	64500	69000 	74500	80000
35 	65500	70000 	75000
36 	66000**  	70500 	75500
37 	66500** 	71000 	76000
38 	67500** 	72000 	77000
39 	68000 	72500 	77500
40 	68500 	73000 	78000
41 	69500 	73500 	78500
42 	70000 	74000 	79000
43 	70500 	75000 	80000
44 	71500 	75500
45 	72000 	76000
46 	72500 	76500
47 	73500 	77500
48 	74000 	78000
49 	74500 	78500
50 	75500 	79000
51 	76000 	80000
52 	76500
53 	77500
54 	78000
55 	78500
56 	79500
57	80000
*Distance in Feet Between the Extremes of any Group of Two or More Consecutive Axles.
**See exception in G.S. 20-118(c)(1)."
Section 9.  G.S. 20-118(c)(10) reads as rewritten:
"(10)	Fully enclosed motor vehicles designed specifically for collecting, compacting and hauling garbage from residences, or from garbage dumpsters shall, when operating for those purposes, be allowed a single axle weight not to exceed 23,500 pounds on the steering axle on vehicles equipped with a boom, or on the rear axle on vehicles loaded from the rear. This exemption shall not apply to vehicles operating on interstate highways, vehicles transporting hazardous waste as defined in G.S. 130A-290(a)(8), spent nuclear fuel regulated under G.S. 20-167.1, low-level radioactive waste as defined in G.S. 104E-5(9a), or radioactive material as defined in G.S. 104E-5(14)."
Section 10.  G.S. 20-217(a) reads as rewritten:
"(a)	The driver of any vehicle upon approaching from any direction on the same street, highway, or public vehicular area any school bus (including privately owned buses transporting children and school buses transporting senior citizens under G.S. 115C-243), while the bus is displaying its mechanical stop signal or flashing red stoplights, and is stopped for the purpose of receiving or discharging passengers, shall bring the vehicle to a full stop before passing or attempting to pass the bus, and shall remain stopped until the mechanical stop signal has been withdrawn, the flashing red stoplights have been turned off, and the bus has moved on."
Section 11.  G.S. 20-376(1) reads as rewritten:
"(1)	Federal safety and hazardous materials regulations. – The federal motor carrier safety regulations contained in 49 C.F.R. Parts 170 through 190, 382, and 390 through 398."
Section 11.1.  G.S. 163-82.19 reads as rewritten:
"§ 163-82.19.  Voter registration at drivers license offices.
The Division of Motor Vehicles shall, pursuant to the rules adopted by the State Board of Elections, modify its forms so that any eligible person who applies for original issuance, renewal or correction of a drivers license, or special identification card issued under G.S. 20-37.7 may, on a part of the form, complete an application to register to vote or to update his registration if the voter has changed his address or moved from one precinct to another or from one county to another.  The person taking the application shall ask if the applicant is a citizen of the United States.  If the applicant states that the applicant is not a citizen of the United States, or declines to answer the question, the person taking the application shall inform the applicant that it is a felony for a person who is not a citizen of the United States to apply to register to vote.  Any person who willfully and knowingly and with fraudulent intent gives false information on the application is guilty of a Class I felony. The application shall state in clear language the penalty for violation of this section. The necessary forms shall be prescribed by the State Board of Elections. The form must ask for the previous voter registration address of the voter, if any. If a previous address is listed, and it is not in the county of residence of the applicant, the appropriate county board of elections shall treat the application as an authorization to cancel the previous registration and also process it as such under the procedures of G.S. 163-82.9. If a previous address is listed and that address is in the county where the voter applies to register, the application shall be processed as if it had been submitted under G.S. 163-82.9.
Registration shall become effective as provided in G.S. 163-82.7. Applications to register to vote accepted at a drivers license office under this section until the deadline established in G.S. 163-82.6(c)(2) shall be treated as timely made for an election, and no person who completes an application at that drivers license office shall be denied the vote in that election for failure to apply earlier than that deadline.
All applications shall be forwarded by the Department of Transportation to the appropriate board of elections not later than five business days after the date of acceptance, according to rules which shall be promulgated by the State Board of Elections."
Section 12.  G.S. 20-381 reads as rewritten:
"§ 20-381. Specific powers and duties of Division applicable to motor carriers.
The Division has the following powers and duties concerning motor carriers:
(1)	To prescribe qualifications and maximum hours of service of drivers and their helpers.
(1a)	To set safety standards for vehicles of motor carriers engaged in foreign, interstate, or intrastate commerce over the highways of this State and for the safe operation of these vehicles. The Division may stop, enter upon, and perform inspections of motor carriers' vehicles in operation to determine compliance with these standards and may conduct any investigations and tests it finds necessary to promote the safety of equipment and the safe operation on the highway of these vehicles.
(1b)	To enforce this Article, rules adopted under this Article, and the federal safety and hazardous materials regulations.
(2)	To enter the premises of a motor carrier to inspect a motor vehicle or any equipment used by the motor carrier in transporting passengers or property.
(2a)	To prohibit the use by a motor carrier of any motor vehicle or motor vehicle equipment the Division finds unsafe for use in the transportation of passengers or property on a highway. If an agent of the Division finds a motor vehicle of a motor carrier in actual use upon the highways in the transportation of passengers or property to be unsafe or any parts thereof or any equipment thereon to be unsafe and is of the opinion that further use of such vehicle, parts or equipment are imminently dangerous, the agent may require the operator thereof to discontinue its use and to substitute therefor a safe vehicle, parts or equipment at the earliest possible time and place, having regard for both the convenience and the safety of the passengers or property. When an inspector or agent stops a motor vehicle on the highway, under authority of this section, and the motor vehicle is in operative condition and its further movement is not dangerous to the passengers or property or to the users of the highways, it shall be the duty of the inspector or agent to guide the vehicle to the nearest point of substitution or correction of the defect. Such agents or inspectors shall also have the right to stop any motor vehicle which is being used upon the public highways for the transportation of passengers or property by a motor carrier subject to the provisions of this Article and to eject therefrom any driver or operator who shall be operating or be in charge of such motor vehicle while under the influence of alcoholic beverages or impairing substances. It shall be the duty of all inspectors and agents of the Division to make a written report, upon a form prescribed by the Division, of inspections of all motor equipment and a copy of each such written report, disclosing defects in such equipment, shall be served promptly upon the motor carrier operating the same, either in person by the inspector or agent or by mail. Such agents and inspectors shall also make and serve a similar written report in cases where a motor vehicle is operated in violation of this Chapter or, if the motor vehicle is subject to regulation by the North Carolina Utilities Commission, of Chapter 62 of the General Statutes.
(3)	To relieve the highways of all undue burdens and safeguard traffic thereon by adopting and enforcing rules and orders designed and calculated to minimize the dangers attending transportation on the highways of all hazardous materials and other commodities."
Section 13.  This act becomes effective December 1, 1998.  Sections 2.l, 2.2, and 2.3 are effective when this act becomes law.