A BILL TO BE ENTITLED
AN ACT to allow persons who are convicted of certain Driving While license revoked offenses to obtain a limited driving privilege.
The General Assembly of North Carolina enacts:
SECTION 1. Article 3 of Chapter 20 is amended by adding a new section to read:
"§ 20‑20.1.  Limited driving privilege for certain revocations.
(a)	Definitions. – As used in this section, the following definitions apply:
(1)	Limited driving privilege. – A judgment issued by a court authorizing a person with a revoked drivers license to drive under the terms and conditions authorized under this section.
(2)	Nonfleet private passenger motor vehicle. – As defined in Article 40 of Chapter 58 of the General Statutes.
(3)	Nonstandard working hours. – Any time other than 6 A.M. until 8 P.M. on Monday through Friday.
(4)	Offense involving impaired driving. – As defined in G.S. 20‑4.01(24a).
(5)	Standard working hours. – Any time from 6 A.M. until 8 P.M. on Monday through Friday.
(b)	Eligibility. – The court for good cause shown may issue a limited driving privilege to a person whose North Carolina drivers license is currently revoked for one year under G.S. 20‑28(a) or G.S. 20‑28.1 if all of the following conditions apply:
(1)	The person has no other current drivers license revocations other than the revocation under G.S. 20‑28(a) or G.S. 20‑28.1.
(2)	The person has complied with the one-year revocation for at least 90 days immediately preceding the  motion for a limited driving privilege.
(3)	The person has no unresolved or outstanding motor vehicle offenses or motor vehicle charges or unpaid motor vehicle fines or penalties in this or any other state.
(4)	The person has not held a limited driving privilege issued under this section at any time during the three years prior to the filing of the current action. 
(c)	Ineligibility. – A person is not eligible to receive a limited driving privilege under this section if any of the following conditions apply:
(1)	The person is eligible to receive a limited driving privilege under any other provision of law.
(2)	The person's drivers license was revoked for an offense involving impaired driving at the time the person was charged under G.S. 20‑28(a) or G.S. 20‑28.1.
(3)	The person's drivers license is revoked under G.S. 20‑17.1.
(4)	The person is not eligible to receive a North Carolina drivers license under G.S. 20‑9(f).
(5)	The Division has refused to issue a drivers license to the person under G.S. 20‑9(e).
(6)	The person's drivers license issued by another state has been revoked by that state for any reason or the person's North Carolina drivers license has been revoked under any interstate compact or agreement.
(7)	The person's drivers license is revoked for two years or permanently revoked under G.S. 20‑28(a) or G.S. 20‑28.1.
(d)	Scope of Privilege. – A limited driving privilege must restrict the holder to essential driving related to one or more of the purposes listed in this subsection. Any driving that is not related to the purposes authorized in this subsection is unlawful even though done at times and upon routes that may be authorized by the privilege. Except as otherwise provided, all driving must be for a purpose and done within the restrictions specified in the privilege. 
The permissible purposes for a limited driving privilege are:  (i) travel to and from the person's employment; (ii) necessary maintenance of the person's household; and (iii) emergency medical care for the person or for an immediate family member of the person who resides in the same household with the person. Driving related to emergency medical care is authorized at any time and without restriction as to routes.
(e)	Jurisdiction. – A motion for a limited driving privilege under this section is separate from any action that resulted in the initial revocation and is a civil action filed in district court in the county of the person's residence as reflected by the Division's records. The costs required under G.S. 7A‑305(a3) apply to this action.
(f)	Motion. – A motion for a limited driving privilege requested under this section must include a copy of the person's driving history. The motion must also include a sworn statement that there are no outstanding or unresolved charges, no unpaid fines, and no violations in this or any other state that could result in the revocation of the person's drivers license, and that the person has complied with the current revocation for the time period required under subdivision (b)(2) of this section immediately preceding the person's motion for a limited driving privilege under this section.
(g)	Employment Driving in Standard Working Hours. – The court may authorize driving for employment‑related purposes during standard working hours without specifying the times and routes in which the driving must occur. If the person is not required to drive for essential employment‑related purposes except during standard working hours, the limited driving privilege must prohibit driving during nonstandard working hours unless the driving is for emergency medical care or is authorized by subsection (i) of this section. The limited driving privilege must state the name and address of the applicant's place of work or employer and may include other information and restrictions applicable to work‑related driving in the discretion of the court.
(h)	Employment Driving in Nonstandard Working Hours. – If a person is required to drive during nonstandard working hours for an essential employment‑related purpose and the person provides to the court documentation of that fact, the court may authorize the person to drive for that purpose during those hours. If the person is self‑employed, the documentation must be attached to or made a part of the limited driving privilege. The limited driving privilege must state the name and address of the person's place of employment or employer and may include other information and restrictions applicable to work‑related driving, in the discretion of the court. If the court determines that it is necessary for the person to drive during nonstandard working hours for an employment‑related purpose, the court may authorize the person to drive subject to these limitations:
(1)	If the person is required to drive to and from a specific place of employment at regular times, the limited driving privilege must specify the general times and routes in which the person will be driving to and from work and restrict driving to those times and routes.
(2)	If the person is required to drive to and from work at a specific place but is unable to specify the times during which the driving will occur, the limited driving privilege must specify the general routes which the person will be driving to and from work and restrict the driving to those general routes.
(3)	If the person is required to drive to and from work at regular times but is unable to specify the places at which work is to be performed, the limited driving privilege must specify the general times and geographic boundaries in which the person will be driving and restrict driving to those times and within those boundaries.
(4)	If the person can specify neither the times nor places in which the person will be driving to and from work, or if the person is required to drive during these nonstandard working hours as a condition of employment, the limited driving privilege must specify the geographic boundaries in which the person will drive and restrict driving to within those boundaries.
(i)	Household Maintenance. – A limited driving privilege may not allow driving for maintenance of the household except during standard working hours. The limited driving privilege may contain any additional restrictions on that driving, in the discretion of the court.
(j)	Proof of Financial Responsibility. – A person applying for a limited driving privilege under this section must provide to the court proof of financial responsibility, and a limited driving privilege must be conditioned upon the maintenance of financial responsibility during the period of the limited driving privilege. The Commissioner may require that certificates required by this subsection be on a form approved by the Commissioner. Nothing in this subsection precludes any person from showing proof of financial responsibility in any other manner authorized by Articles 9A and 13 of this Chapter. This subsection does not apply to a person who does not own a currently registered motor vehicle and who does not operate a nonfleet private passenger motor vehicle that is owned by another person and that is not insured under a commercial motor vehicle liability insurance policy. If this subsection applies, the person must sign a written certificate to that effect. The Division shall furnish the certificate. Any material misrepresentation made by the person on the certificate shall be grounds for the court to revoke the limited driving privilege granted under this section.
Proof of financial responsibility shall be in one of the following forms:
(1)	A written certificate or electronically transmitted facsimile of the certificate issued by an insurance carrier duly authorized to do business in this State certifying that there is in effect a nonfleet private passenger motor vehicle liability policy for the benefit of the person required to furnish proof of financial responsibility. The certificate or facsimile shall state the effective date and expiration date of the nonfleet private passenger motor vehicle liability policy and must state the date that the certificate or facsimile is issued. The certificate or facsimile must remain effective proof of financial responsibility for a period of 30 consecutive days following the date the certificate or facsimile is issued but must not in and of itself constitute a binder or policy of insurance.
(2)	A binder for or policy of nonfleet private passenger motor vehicle liability insurance under which the applicant is insured, provided that the binder or policy states the effective date and expiration date of the nonfleet private passenger motor vehicle liability policy.
(k)	Other Restrictions. – The court must include in all limited driving privileges a restriction that the holder of the privilege not consume alcohol while driving or drive at any time while the holder has remaining in the holder's body any alcohol or controlled substance previously consumed, unless the controlled substance was lawfully obtained and taken in therapeutically appropriate amounts. The court may impose any other reasonable restrictions or conditions necessary to achieve the purposes of this section.
(l)	Term. – The term of a limited driving privilege issued under this section shall be equal to the length of the revocation under G.S. 20‑28(a) or G.S. 20‑28.1.
(m)	Notification. – The clerk of court must send a copy of any limited driving privilege issued in the county to the Division. A limited driving privilege that is not authorized by this section or that does not contain the limitations required by law is invalid.
(n)	Modification. – A court may modify or revoke a person's limited driving privilege issued under this section upon a showing that the circumstances have changed sufficiently to justify modification or revocation. If the judge who issued the privilege is not presiding in the court in which the privilege was issued, a presiding judge in that court may modify or revoke the privilege. The judge must indicate in the order of modification or revocation the reasons for the order, or the judge must make specific findings indicating the reason for the order and those findings must be entered in the record of the case. When a court issues an order of modification or revocation, the clerk must send a copy of the order to the Division.
(o)	Effect of Violation. – A violation of a limited driving privilege issued under this subsection constitutes the offense of driving while license revoked under G.S. 20‑28. Whenever a person is charged with operating a motor vehicle in violation of the limited driving privilege, the limited driving privilege must be suspended pending the final disposition of the charge."
SECTION 2.  G.S. 20‑28 is amended by adding a new subsection to read:
"(c1)	Application for License Under Limited Driving Privilege. – A person who holds a limited driving privilege under G.S. 20‑20.1 is eligible to apply for a license 90 days after the limited privilege is issued if the person's license is revoked for one year. The Division must, with or without a hearing, issue a new license upon satisfactory proof that the person has complied with the conditions of the limited driving privilege and if the person also meets all the other eligibility requirements for obtaining a drivers license."
SECTION 3.  G.S. 20‑28.1 is amended by adding a new subsection to read:
"(c1)	A person who holds a limited driving privilege under G.S. 20‑20.1 is eligible to apply for a license 90 days after the limited privilege is issued if the person's license is revoked for one year. The Division must, with or without a hearing, issue a new license upon satisfactory proof that the person has complied with the conditions of the limited driving privilege and if the person also meets all the other eligibility requirements for obtaining a drivers license."
SECTION 4.  G.S. 7A‑305 is amended by adding a new subsection to read:
"(a3)	In every motion to obtain a limited driving privilege filed under G.S. 20‑20.1, a cost of one hundred dollars ($100.00) shall be assessed against the person filing the motion. Costs collected by the clerk under this subsection shall be remitted to the State Treasurer. The State Treasurer must credit one‑half of the assessed cost to the Highway Fund and the remaining one‑half of the assessed cost to the Court Information Technology Fund established under G.S. 7A‑343.2. Costs assessed under this subsection are in addition to any other costs assessed under this section."
SECTION 5.  This act becomes effective December 1, 2005.