North Carolina SB 1589: Commercial Driver's Licenses.

Bill Text

GENERAL ASSEMBLY OF NORTH CAROLINA 
 
SESSION 1989 
 
S 2  
 
SENATE BILL 1589* 
Finance Committee Substitute Adopted 7/12/90 
 
 
 
 
Short Title:  Commercial Driver's Licenses. (Public) 
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Sponsors: 
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Referred to:   
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June 6, 1990 
 
A BILL TO BE ENTITLED 
1 
AN ACT TO AMEND THE COMMERCIAL DRIVER'S LICENSE ACT. 2 
The General Assembly of North Carolina enacts: 3 
Section 1.  G.S. 20-4.01(12a) reads as rewritten: 4 
"(12a) Gross Vehicle Weight Rating (GVWR). – The value specified by 5 
the  manufacturer  as  the  maximum  loaded  weight  of  a  single  or  6 
combination vehicle, or the registered gross weight of the vehicle, 7 
whichever is greater. The GVWR of a combination vehicle is the 8 
GVWR  of  the  power  unit  plus  the  GVWR  of  the  towed  unit  or  9 
units." 10 
Sec. 2.  G.S. 20-4.01(41a) reads as rewritten: 11 
"(41a)     Serious     Traffic     Violation.  –  A  conviction  when  operating  a  12 
commercial motor vehicle of: 13 
a.        Excessive        speeding,        involving        a  single  charge  of  any  speed  15  14 
miles per hour or more above the posted speed limit; 15 
b. Careless and reckless driving; or 16 
c.  A  violation  of  any  State  or  local  law  relating  to  motor  vehicle  17 
traffic   control,   other   than   a   parking   violation,   arising   in   18 
connection with a fatal accident. accident; 19 
d. Improper or erratic lane changes; or 20 
e. Following the vehicle ahead too closely." 21 
Sec. 3.  G.S. 20-9(a) reads as rewritten: 22 

GENERAL ASSEMBLY OF NORTH CAROLINA 1989 
Page 2 SENATE BILL 1589* version 2  
"(a)     A Class ‘C' license shall not be issued to any person under 16 years of age, a 1 
Class ‘A' or ‘B' license shall not be issued to any person under 18 years of age, and no 2 
Class A, B, or C commercial driver license shall be issued to any person under 21 years 3 
of age except as provided in G.S. 20-37.13(a) and G.S. 20-218(a).  An endorsement to 4 
transport hazardous materials shall not be issued to any person under 21 years of age." 5 
Sec. 4.  G.S. 20-17.4(a) reads as rewritten: 6 
"(a)     Any  person  is  disqualified  from  driving  a  commercial  motor  vehicle  for  a  7 
period of not less than one year if convicted of a first violation of: 8 
(1)  G.S.  20-138.1  or  G.S.  20-138.2(a)(1)  -  Driving  a  commercial  motor  9 
vehicle while subject to an impairing substance; 10 
(2)  G.S.  20-138.2(a)(2)  -  Driving  a  commercial  motor  vehicle  while  the  11 
alcohol concentration of the person's blood or breath is 0.04 or more; 12 
(3) G.S. 20-166(a) , (b), or (c)        -        Felonious   hit Hit and   run   involving   a   13 
commercial motor vehicle driven by the person; or 14 
(4) Using a commercial motor vehicle in the commission of any felony; or 15 
felony. 16 
(5)  Refusal  to  submit  to  a  chemical  test  to  determine  the  driver's  alcohol  17 
concentration while driving a commercial motor vehicle. 18 
A person is also disqualified for a one-year period for refusing to submit to a chemical 19 
test  to  determine  the  alcohol  concentration  of  their  blood  or  breath  if  charged  with  an  20 
implied-consent offense in a commercial motor vehicle. 21 
If  any  of  the  above  violations  occurred  while  transporting  a  hazardous  material  22 
required  to  be  placarded,  the  person  is  disqualified  for  a  period  of  not  less  than  three  23 
years." 24 
Sec. 5.  G.S. 20-17.4 is amended by adding a new subsection to read: 25 
"( f)    A person is disqualified from driving a commercial motor vehicle for a period 26 
of  at  least  60  days  if  the  Division  determines  that  a  person  has  knowingly  submitted  27 
false  information  or  false  certifications  in  an  application  for  a  commercial  driver  28 
license." 29 
Sec. 6.  G.S. 20-24(a) reads as rewritten: 30 
"(a)     Whenever  any  person  is  convicted  of  any  offense  for  which  this  Article 31 
Chapter makes  mandatory  the  revocation  or  disqualification  of  the  driver's  license  of  32 
such person by the Division, the court in which such conviction is had shall require the 33 
surrender to it of all drivers' licenses then held by the person so convicted and the court 34 
shall  thereupon  forward  the  same,  together  with  a  record  of  such  conviction,  to  the  35 
Division within 30 days. 36 
The clerks of court, assistant clerks of court and deputy clerks of court in which any 37 
person is convicted, and as a result thereof the revocation or suspension of the driver's 38 
license  of  such  person  is  required  under  the  provisions  of  this  Chapter,  are  hereby  39 
designated as agents of the Division of Motor Vehicles for the purpose of receiving all 40 
drivers' licenses required to be surrendered under this section, and are hereby authorized 41 
to and shall give