NORTH CAROLINA GENERAL ASSEMBLY

1979 SESSION

 

 

CHAPTER 667

SENATE BILL 273

 

 

AN ACT TO AMEND CHAPTER 20 OF THE GENERAL STATUTES TO PROVIDE FOR CLASSIFIED DRIVERS' LICENSES.

 

The General Assembly of North Carolina enacts:

 

Section 1.  G.S. 20-4.01 is amended as follows:

(1)        By striking from line 1 of the subdivision (2) the words "operators' and chauffeurs'" and inserting in lieu thereof the word "drivers'".

(2)        By deleting subdivision (3) in its entirety.

Sec. 2.  G.S. 20-4.18(3) is repealed.

Sec. 3.  Subsection (a) of G.S. 20-7 is rewritten to read as follows:

"(a)       Except as otherwise provided in this Article, no person shall operate a motor vehicle on a highway unless such person has first been licensed by the Division under the provisions of this Article for the type or class of vehicle being driven. Driver's licenses shall be classified as follows:

(1)        Class 'A' which entitles a licensee to drive any vehicle or combination of vehicles, except motorcycles, including all vehicles under Classes 'B' or 'C'.

(2)        Class 'B' which entitles a licensee to drive a single vehicle weighing over 30,000 pounds gross vehicle weight, any such vehicle towing a vehicle weighing 10,000 pounds gross vehicle weight or less, a single vehicle designed to carry more than 12 passengers and all vehicles under Class 'C'. A Class 'B' license does not entitle the licensee to drive a motorcycle.

(3)        Class 'C' which entitles a licensee to drive a single vehicle weighing 30,000 pounds gross vehicle weight or less, any such vehicle towing a vehicle weighing 10,000 pounds gross vehicle weight or less, and a church bus, farm bus, or activity bus operated for a nonprofit organization when the activity bus is operated for a nonprofit purpose. A Class 'C' license does not entitle the licensee to drive a motorcycle. A Class 'C' license does not entitle the licensee to drive a vehicle designed to carry more than 12 passengers unless this subsection or G.S. 20-218(a) specifically entitle him to do so.

Any unusual vehicle shall be assigned by the commissioner to the most appropriate class with suitable special restrictions if they appear to be necessary.

Any person who takes up residence in this State on a permanent basis is exempt from the provisions of this subsection for 30 days from the date that residence is established, if he is properly licensed in the jurisdiction of which he is a former resident."

Sec. 4.  Subsection (c) of G.S. 20-7 is amended as follows:

(1)        By adding in line 3, after the word "vehicles" and before the word "over", the words and punctuation "(of the type or class for which the person applied to be licensed)".

(2)        By adding, between the second and third sentences, the following sentence: "The commissioner may adopt regulations that allow employees of governmental agencies or private businesses to receive a driver's license without taking a road test if the conditions specified in the regulations are complied with."

Sec. 5.  Subsection (d) of G.S. 20-7 is amended by deleting the fourth sentence, as contained in lines 14 through 17.

Sec. 6.  G.S. 20-7(g) is repealed.

Sec. 7.  G.S. 20-7(i) is rewritten to read as follows:

"(i)        The fee for issuance or reissuance of a Class 'C' license is four dollars ($4.00). The fee for issuance or reissuance of a Class 'B' or Class 'A' license is ten dollars ($10.00). A person receiving at the same time a driver's license and an endorsement pursuant to G.S. 20‑7(a1) shall be charged only the fee required for the class of driver's license he is receiving."

Sec. 8.  Subsection (l) of G.S. 20-7 is amended as follows:

(1)        By adding in line 5, after the word "a" and before the word "motor", the words "specified type or class of".

(2)        By rewriting the last sentence of the first paragraph to read as follows: "The permittee must, while operating a motor vehicle over the highways, be accompanied by a person who is licensed to operate the class or type of vehicle being operated and who is seated in the seat beside the permittee."

Sec. 9.  Subsection (l-1) of G.S. 20-7 is amended by adding in line 6, after the word "a" and before the word "motor," the words "specified type or class of".

Sec. 10.  Subsection (m) of G.S. 20-7 is amended by adding in line 7, after the word "a" and before the word "motor", the words "specified type or class of".

Sec. 11.  Subsection (n) of G.S. 20-7 is amended by rewriting the last sentence to read as follows: "However, no person charged with failing to carry a license shall be convicted if he produces in court a driver's license issued to him which was valid at the time of his arrest for the type or class of vehicle he was operating at the time of his arrest."

Sec. 12. Article 2 of Chapter 20 of the General Statutes is amended by adding a new section to read as follows:

"§ 20-7.01.  Renewal of licenses after January 1, 1981. — (a) All operators' and chauffeurs' licenses issued before January 1, 1981, are valid until their normal date of expiration, subject to this Chapter's provisions for cancellation and suspension of drivers' licenses.

(b)        A person holding a valid operator's or chauffeur's license on January 1, 1981, whose license expires after that date may receive a Class 'C' license without taking a written or road test if he complies with the provisions of G.S. 20-7(f).

(c)        A person holding a valid operator's or chauffeur's license on January 1, 1981, whose license expires after that date may receive a Class 'A' or 'B' license without taking a written or road test if:

(1)        he files with the division an affidavit stating that he was licensed by North Carolina on January 1, 1981, and that he has operated a vehicle of the class for which he wishes to be licensed for at least one year prior to that date; and

(2)        he complies with the provisions of G.S. 20-7(f).

An applicant who is not exempt from the road and written tests pursuant to this subsection is deemed to be an original applicant."

Sec. 13.  G.S. 20-8 is amended as follows:

(1)        By striking from line 3 of subdivision (1) the words "chauffeurs or".

(2)        By rewriting subdivision (3) to read as follows:

"(3)      A nonresident who is at least 16 years of age who has in his immediate possession a valid driver's license issued to him in his home state or country if the nonresident is operating a motor vehicle in this State in accordance with the license restrictions and vehicle classifications that would be applicable to him under the laws and regulations of his home state or country if he were driving in his home state or country."

(3)        By deleting subdivisions (4), (5) and (6) in their entirety, and renumbering subdivision (7) as subdivision (4).

Sec. 14.  G.S. 20-9 is amended as follows:

(1)        By rewriting subsection (a) to read as follows:

"(a)       A Class 'C' license shall not be issued to any person under 16 years of age and no Class 'A' or Class 'B' license shall be issued to any person under 18 years of age."

(2)        By deleting from line 2 of subsection (b) the words and punctuation ", either as operator or chauffeur,".

Sec. 15.  Subsection (b) of G.S. 20-11 is amended as follows:

(1)        By adding in line 7, after the word "vehicle" and before the word "upon" the words "of the specified type or class".

(2)        By adding in line 10, after the word "vehicle" and before the word "and", the words "(of the type or class being operated by the permittee)".

Sec. 16.  Subsection (c) of G.S. 20-11 is amended by adding on line 7, after the word "vehicle" and before the word "in", the words "of a specified type or class."

Sec. 17.  G.S. 20-12 is amended by rewriting it to read as follows:

"Any licensed driver may instruct a person who is 16 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 permittee."

Sec. 18.  G.S. 20-16 is amended as follows:

(1)        By deleting from line 2 of subsection (a) the words "or chauffeur".

(2)        By deleting from line 3 of item (11) of subsection (a) the words "or chauffeur".

(3)        By deleting from line 2 of subsection (b) the words "or chauffeur's".

(4)        By deleting from lines 2 and 3 of subsection (c) the words "or chauffeur".

Sec. 19.  G.S. 20-16.1 is amended as follows:

(1)        By striking from line 3 of subsection (a) the words "operator or chauffeur" and inserting in lieu thereof the word "driver".

(2)        By inserting in subsection (b)(1) on line 22, after the word "vehicles" and before the word "upon" the words "of the class or type that would be allowed by the person's license if it were not currently revoked".

(3)        By deleting from line 3 of subsection (c) the words "or chauffeur".

(4)        By striking from line 2 of subsection (d) the words "operator or chauffeur" and inserting in lieu thereof the word "driver".

(5)        By deleting from line 1 of subsection (f) the words "or chauffeurs".

Sec. 20.  G.S. 20-17 is amended by striking from line 2 of the first sentence the words "operator or chauffeur" and inserting in lieu thereof the word "driver".

Sec. 21.  G.S. 20-20 is amended as follows:

(1)        By striking from line 1 the word "vehicle".

(2)        By striking from lines 3 and 4 the words "vehicle operator's and chauffeur's" and inserting in lieu thereof the word "driver's".

Sec. 22.  G.S. 20-23 is amended by deleting from line 5 the words "or chauffeur".

Sec. 23.  G.S. 20-26 is amended as follows:

(1)        By striking from line 2 of subsection (a) the words "operator's and chauffeur's" and inserting in lieu thereof the word "driver's".

(2)        By striking from the last sentence of subsection (c) the words "Operator's and Chauffeur's License" and inserting in lieu thereof the word "Highway".

Sec. 24.  G.S. 20-27 is amended by striking from line 2 the words "operator's and chauffeur's license" and inserting in lieu thereof the words "drivers' licenses".

Sec. 25.  G.S. 20-29 is amended by striking from line 12 the words "operators' or chauffeurs'" and inserting in lieu thereof the word "drivers'".

Sec. 26.  G.S. 20-29.1 is amended by deleting from line 2 the words "or chauffeur".

Sec. 27.  G.S. 20-30 is amended as follows:

(1)        By striking from lines 1 and 2 of subdivision (1) the words "any operator's or chauffeur's" and inserting in lieu thereof the words "a driver's".

(2)        By striking from line 2 of subdivision (2) the words "any operator's or chauffeur's" and inserting in lieu thereof the words "a driver's".

(3)        By rewriting subdivision (4) to read as follows:

"(4)      To fail or refuse to surrender to the Division upon demand any driver's license or learner's permit that has been suspended, cancelled or revoked as provided by law."

Sec. 28.  G.S. 20-33 is repealed.

Sec. 29.  G.S. 20-37.1 is amended by striking from lines 4 and 10 the word "operator's" and inserting in lieu thereof the word "driver's".

Sec. 30.  Subsection (d) of G.S. 20-37.7 is amended by striking from line 3 the words "operator's and chauffeur's license" and inserting in lieu thereof the word "Highway".

Sec. 31.  G.S. 20-141.3 is amended as follows:

(1)        By striking from lines 1 and 2 of subsection (d) the words "operator's or chauffeur's" and inserting in lieu thereof the word "driver's".

(2)        By striking from line 1 of subsection (e) the words "operator's or chauffeur's" and inserting in lieu thereof the word "driver's".

Sec. 32.  G.S. 20-166 is amended as follows:

(1)        By striking from line 4 of subsection (b) the words "operator's or chauffeur's" and inserting in lieu thereof the word "driver's".

(2)        By striking from lines 2 and 3 of subsection (c) the words "operator's or chauffeur's" and inserting in lieu thereof the word "driver's".

Sec. 33.  Subsection (c) of G.S. 20-166.1 is hereby amended by striking from line 6 the words "operator's and chauffeur's" and inserting in lieu thereof the word "driver's".

Sec. 34.  G.S. 20-179(b)(1) is amended as follows:

(1)        By striking from line 17 the words "operator's or chauffeur's" and inserting in lieu thereof the word "driver's".

(2)        By striking from line 24 the words "operator's or chauffeur's license" and inserting in lieu thereof the words "drivers' licenses".

(3)        By inserting in line 21, after the word "vehicles" the words "of the class or type that would be allowed by the person's license if it were not currently revoked".

Sec. 35.  G.S. 20-182 is amended by striking from lines 7 and 8 the words "operator's or chauffeur's" and inserting in lieu thereof the word "driver's".

Sec. 36.  G.S. 20-218(a) is amended by deleting the second sentence of the first paragraph and inserting in lieu thereof the following sentence: "Notwithstanding the provisions of G.S. 20-7(a)(3), the driver of a school bus must be at least 16 years of age and hold a driver's license of Class 'A', 'B', or 'C' and a school bus driver's certificate, and the driver of a school activity bus must hold a driver's license of Class 'C' and a school bus driver's certificate or a driver's license of Class 'A' or Class 'B'."

Sec. 37.  Subsection (b) of G.S. 20-279.13 is amended as follows:

(1)        By striking from line 2 the words and punctuation ", operator or chauffeur" and inserting in lieu thereof the words "or driver".

(2)        By striking from line 5 the words and punctuation ", operator, or chauffeur" and inserting in lieu thereof the words "or driver".

Sec. 38.  G.S. 20-279.32 is amended by deleting from lines 2 and 3 the words "and chauffeurs".

Sec. 39.  Subdivision (1) of G.S. 20-320 is amended by striking from lines 5 and 6 the words "an operator's or chauffeur's" and inserting in lieu thereof the words "a driver's".

Sec. 40.  The Commissioner of Motor Vehicles is authorized to adopt and enforce rules and regulations as may be necessary to carry out the provisions of this act, including the promulgation of rules defining "gross vehicle weight".

Sec. 41.  Whenever the words or phrases in the left hand column of the chart below ("Word or Phrase to Be Replaced") appear in Article 2 of General Statutes Chapter 20, they are deleted and the words or phrases in the corresponding position in the right hand column ("Word or Phrase to Be Inserted in Article 2") are inserted in the place of the deleted words or phrases.

Word or Phrase to Be Replaced                             Word or Phrase to Be Inserted into Article 2

            operators'                                                                        drivers'

            operator's                                                                        driver's

            an operator's                                                                   a driver's

            an operator's or chauffeur's                                              a driver's

            operator's or chauffeur's                                                   driver's

            operators' and chauffeurs'                                                drivers'

            chauffeur's or operator's                                                   driver's

If a word or phrase that appears in the listing is specifically deleted by or retained by another section of this act, the substitutions required by this section are not applicable.

Sec. 42.  Nothing herein contained shall be construed to obligate the General Assembly to appropriate any additional funds.

Sec. 43.  This act shall become effective January 1, 1981. Section 12 of this act is repealed on July 1, 1986.

In the General Assembly read three times and ratified, this the 29th day of May, 1979.