AN ACT to bring state law into compliance with recently adopted federal REGULATIONS CONCERNING the effect of violation of railroad crossing safety and other STATE LAWS on commercial drivers licenses, and requiring a new "s" ENDORSEMENT for persons OPERATING school buses, as recommended by the joint legislative TRANSPORTATION oversight committee, and to authorize a study of the need for a moped identification tag program.

The General Assembly of North Carolina enacts:

SECTION 1.  G.S. 20‑4.01(41a) reads as rewritten:
"(41a)	Serious Traffic Violation. – A conviction of one of the following offenses when operating a commercial motor vehicle:
a.	Excessive speeding, involving a single charge of any speed 15 miles per hour or more above the posted speed limit.
b.	Careless and reckless driving.
c.	A violation of any State or local law relating to motor vehicle traffic control, other than a parking violation, arising in connection with a fatal accident.
d.	Improper or erratic lane changes.
e.	Following the vehicle ahead too closely.
f.	Driving a commercial motor vehicle without obtaining a commercial drivers license.
g.	Driving a commercial motor vehicle without a commercial drivers license in the driver's possession.
h.	Driving a commercial motor vehicle without the proper class of commercial drivers license or endorsements for the specific vehicle group being operated or for the passenger or type of cargo being transported."
SECTION 2.  G.S. 20‑17.4 is amended by adding a new subsection to read:
"(k)	Disqualification for Railroad Grade Crossing Offenses. – Any person convicted of a violation of G.S. 20-142.1 through G.S. 20-142.5, when the driver is operating a commercial motor vehicle, shall be disqualified from driving a commercial motor vehicle as follows:
(1)	A person is disqualified for a period of 60 days if convicted of a first violation of a railroad grade crossing offense listed in this subsection.
(2)	A person is disqualified for a period of 120 days if convicted during any three-year period of a second violation of any combination of railroad grade crossing offenses listed in this subsection.
(3)	A person is disqualified for a period of one year if convicted during any three‑year period of a third or subsequent violation of any combination of railroad grade crossing offenses listed in this subsection."
SECTION 3.  G.S. 20‑37.12 is amended by adding a new subsection to read:
"(f)	A person shall not be convicted of failing to carry a commercial drivers license if, by the date the person is required to appear in court for the violation, the person produces to the court a commercial drivers license issued to the person that was valid on the date of the offense."
SECTION 4.  G.S. 20‑37.16 reads as rewritten:
"§ 20‑37.16.  Content of license; classifications and endorsements; fees.
(a)	A commercial drivers license must be marked "Commercial Drivers License" or "CDL" and must contain the information required by G.S. 20‑7 for a regular drivers license.
(b)	The classes of commercial drivers licenses are:
(1)	Class A CDL – A Class A commercial drivers license authorizes the holder to drive any Class A motor vehicle. 
(2)	Class B CDL – A Class B commercial drivers license authorizes the holder to drive any Class B motor vehicle.
(3)	Class C CDL – A Class C commercial drivers license authorizes the holder to drive any Class C motor vehicle.
(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
	S	School bus
	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. 
(d)	The fee for a Class A, B, or C commercial drivers license is ten dollars ($10.00) for each year of the period for which the license is issued. The fee for each endorsement is one dollar and twenty‑five cents ($1.25) for each year of the period for which the endorsement is issued. The fees required under this section do not apply to employees of the Driver License Section of the Division who are designated by the Commissioner.
(e)	The requirements for a commercial drivers license do not apply to vehicles used for personal use such as recreational vehicles. A commercial drivers license is also waived for the following classes of vehicles as permitted by regulation of the United States Department of Transportation:
(1)	Vehicles owned or operated by the Department of Defense, including the National Guard, while they are driven by active duty military personnel, or members of the National Guard when on active duty, in the pursuit of military purposes.
(2)	Any vehicle when used as firefighting or emergency equipment for the purpose of preserving life or property or to execute emergency governmental functions.
(3)	A farm vehicle that meets all of the following criteria:
a.	Is controlled and operated by the farmer or the farmer's employee and used exclusively for farm use.
b.	Is used to transport either agricultural products, farm machinery, or farm supplies, both to or from a farm.
c.	Is not used in the operations of a for‑hire motor carrier.
d.	Is used within 150 miles of the farmer's farm.
A farm vehicle includes a forestry vehicle that meets the listed criteria when applied to the forestry operation.
(f)	For the purposes of this section, the term 'school bus' has the same meaning as in 49 C.F.R. § 383.5."
SECTION 5.  G.S. 20‑37.16 is amended by adding a new subsection to read:
"(c1)	The test for an S endorsement shall be waived by the Division for an applicant who is currently licensed, has experience driving a school bus, has a good driving record, and meets the requirements of this subsection. An applicant for a waiver under this subsection shall verify that, during the two-year period immediately prior to application for an S endorsement, the applicant met all of the following requirements:
(1)	The applicant held a valid commercial drivers license with a passenger vehicle endorsement to operate a school bus representative of the group the applicant will be driving.
(2)	The applicant did not have the applicant's drivers license or commercial drivers license suspended, revoked, or cancelled, or the applicant was not disqualified from operating a commercial motor vehicle.
(3)	The applicant was not convicted of a State law offense that corresponds to the list of disqualifying offenses in 49 C.F.R. § 383.51(b) while operating a commercial motor vehicle or of any offense in a noncommercial motor vehicle that would be a disqualifying offense under 49 C.F.R. § 383.51(b) if committed in a commercial motor vehicle.
(4)	The applicant was not convicted of more than one of the serious traffic violations listed and defined in G.S. 20-4.01(41a) while operating any type of motor vehicle.
(5)	The applicant was not convicted of  a violation of State or local law relating to motor vehicle traffic control, other than a parking violation, arising in connection with any traffic accident.
(6)	The applicant was not convicted of any motor vehicle traffic violation that resulted in an accident.
(7)	The applicant was regularly employed as a school bus driver, operated a school bus representative of the group the applicant seeks to drive, and provides evidence of that employment."
SECTION 6.  The Joint Legislative Transportation Oversight Committee may study the need for a moped identification tag program.  If the Committee finds that identifying mopeds is a desirable public policy, then it should recommend the method of identifying mopeds, the process for identifying the mopeds, the administrative agency responsible for identifying mopeds, and any other issues that relate to the administration of the moped identification process.  The Committee may report its findings and any recommended legislation to the 2004 Regular Session of the 2003 General Assembly or to the 2005 Regular Session of the 2005 General Assembly.
SECTION 7.  Sections 2, 4, and 5 of this act become effective October 1, 2003. Section 5 of this act expires September 30, 2005.  Sections 1 and 3 of this act become effective January 1, 2005.  The remainder of this act is effective when it becomes law.
In the General Assembly read three times and ratified this the 19th day of July, 2003.

	_____________________________________
		 Beverly E. Perdue
	 President of the Senate

	_____________________________________
		 James B. Black
	 Speaker of the House of Representatives

	_____________________________________
		 Michael F. Easley
	 Governor

Approved __________.m. this ______________ day of ___________________, 2003