reglab/statecodes huggingface dataset:
2023 North Carolina General Statutes › Chapter 20 - Motor Vehicles › Article 2 - Uniform Driver's License Act. › § 20-29.1 - Commissioner may require reexamination; issuance of limited or restricted licenses.

§ 20-29.1. Commissioner may require reexamination; issuance of limited or restricted licenses.
The Commissioner of Motor Vehicles, having good and sufficient cause to believe that a licensed operator is incompetent or otherwise not qualified to be licensed, may, upon written notice of at least five days to such licensee, require him to submit to a reexamination to determine his competency to operate a motor vehicle. Upon the conclusion of such examination, the Commissioner shall take such action as may be appropriate, and may suspend or revoke the license of such person or permit him to retain such license, or may issue a license subject to restrictions or upon failure of such reexamination may cancel the license of such person until he passes a reexamination. Refusal or neglect of the licensee to submit to such reexamination shall be grounds for the cancellation of the license of the person failing to be reexamined, and the license so canceled shall remain canceled until such person satisfactorily complies with the reexamination requirements of the Commissioner. The Commissioner may, in his discretion and upon the written application of any person qualified to receive a driver's license, issue to such person a driver's license restricting or limiting the licensee to the operation of a single prescribed motor vehicle or to the operation of a particular class or type of motor vehicle. Such a limitation or restriction shall be noted on the face of the license, and it shall be unlawful for the holder of such limited or restricted license to operate any motor vehicle or class of motor vehicle not specified by such restricted or limited license, and the operation by such licensee of motor vehicles not specified by such license shall be deemed the equivalent of operating a motor vehicle without any driver's license. Any such restricted or limited licensee may at any time surrender such restricted or limited license and apply for and receive an unrestricted driver's license upon meeting the requirements therefor. (1943, c. 787, s. 2; 1949, c. 1121; 1971, c. 546; 1979, c. 667, ss. 26, 41.)
2023 North Carolina General Statutes › Chapter 20 - Motor Vehicles › Article 2 - Uniform Driver's License Act. › § 20-31 - Making false affidavits perjury.

§ 20-31. Making false affidavits perjury.
Any person who shall make any false affidavit, or shall knowingly swear or affirm falsely, to any matter or thing required by the terms of this Article to be sworn to or affirmed shall be guilty of a Class I felony. (1935, c. 52, s. 25; 1993, c. 539, s. 1249; 1994, Ex. Sess., c. 24, s. 14(c).)
2023 North Carolina General Statutes › Chapter 20 - Motor Vehicles › Article 2 - Uniform Driver's License Act. › § 20-32 - Unlawful to permit unlicensed minor to drive motor vehicle.

§ 20-32. Unlawful to permit unlicensed minor to drive motor vehicle.
It shall be unlawful for any person to cause or knowingly permit any minor under the age of 18 years to drive a motor vehicle upon a highway as an operator, unless such minor shall have first obtained a license to so drive a motor vehicle under the provisions of this Article. (1935, c. 52, s. 26; 1973, c. 684.)
2023 North Carolina General Statutes › Chapter 20 - Motor Vehicles › Article 2 - Uniform Driver's License Act. › § 20-34 - Unlawful to permit violations of this Article.

§ 20-34. Unlawful to permit violations of this Article.
No person shall authorize or knowingly permit a motor vehicle owned by him or under his control to be driven by any person who has no legal right to do so or in violation of any of the provisions of this Article. (1935, c. 52, s. 28.)
2023 North Carolina General Statutes › Chapter 20 - Motor Vehicles › Article 2 - Uniform Driver's License Act. › § 20-34.1 - Violations for wrongful issuance of a drivers license or a special identification card.

§ 20-34.1. Violations for wrongful issuance of a drivers license or a special identification card.
(a) An employee of the Division or of an agent of the Division who does any of the following commits a Class I felony:
(1) Charges or accepts any money or other thing of value, except the required fee, for the issuance of a drivers license or a special identification card.
(2) Knowing it is false, accepts false proof of identification submitted for a drivers license or a special identification card.
(3) Knowing it is false, enters false information concerning a drivers license or a special identification card in the records of the Division.
(b) Defenses Precluded. - The fact that the Division does not issue a license or a special identification card after an employee or an agent of the Division charges or accepts money or another thing of value for its issuance is not a defense to a criminal action under this section. It is not a defense to a criminal action under this section to show that the person who received or was intended to receive the license or special identification card was eligible for it.
(c) Dismissal. - An employee of the Division who violates this section shall be dismissed from employment and may not hold any public office or public employment in this State for five years after the violation. If a person who violates this section is an employee of the agent of the Division, the Division shall cancel the contract of the agent unless the agent dismisses that person. A person dismissed by an agent because of a violation of this section may not hold any public office or public employment in this State for five years after the violation. (1951, c. 211; 1975, c. 716, s. 5; 1979, c. 667, s. 41; 1993, c. 533, s. 8; 1994, Ex. Sess., c. 14, s. 30; c. 24, s. 14(c).)
2023 North Carolina General Statutes › Chapter 20 - Motor Vehicles › Article 2 - Uniform Driver's License Act. › § 20-35 - Penalties for violating Article; defense to driving without a license.

§ 20-35. Penalties for violating Article; defense to driving without a license.
(a) Penalty. - Except as otherwise provided in subsection (a1) or (a2) of this section, a violation of this Article is a Class 2 misdemeanor unless a statute in the Article sets a different punishment for the violation. If a statute in this Article sets a different punishment for a violation of the Article, the different punishment applies.
(a1) The following offenses are Class 3 misdemeanors:
(1) Failure to obtain a license before driving a motor vehicle, in violation of G.S. 20-7(a).
(2) Failure to comply with license restrictions, in violation of G.S. 20-7(e).
(3) Permitting a motor vehicle owned by the person to be operated by an unlicensed person, in violation of G.S. 20-34.
(a2) A person who does any of the following is responsible for an infraction:
(1) Fails to carry a valid license while driving a motor vehicle, in violation of G.S. 20-7(a).
(2) Operates a motor vehicle with an expired license, in violation of G.S. 20-7(f).
(3) Fails to notify the Division of an address change for a drivers license within 60 days after the change occurs, in violation of G.S. 20-7.1.
(b) Repealed by Session Laws 1993 (Reg. Sess., 1994), c. 761, s. 4.
(c) Defenses. - A person may not be found responsible for failing to carry a regular drivers license if, when tried for that offense, the person produces in court a regular drivers license issued to the person that was valid when the person was charged with the offense. A person may not be found responsible for driving a motor vehicle with an expired drivers license if, when tried for that offense, the person shows all the following:
(1) That, at the time of the offense, the person had an expired license.
(2) The person renewed the expired license within 30 days after it expired and now has a drivers license.
(3) The person could not have been charged with driving without a license if the person had the renewed license when charged with the offense.
(d) Defense for Deployed Member of the Armed Forces of the United States. - A person may not be found responsible for driving a motor vehicle with an expired drivers license if, when tried for that offense, the person provides verifiable written proof of deployment and establishes the following:
(1) The person was deployed as a member of the Armed Forces of the United States when the drivers license expired.
(2) The person obtained a renewed drivers license within 30 days after returning from deployment. (1935, c. 52, s. 29; 1991, c. 726, s. 14; 1993, c. 539, s. 324; 1994, Ex. Sess., c. 24, s. 14(c); 1993 (Reg. Sess., 1994), c. 761, s. 4; 2013-360, s. 18B.14(g); 2013-385, s. 4; 2021-89, s. 2(a).)
2023 North Carolina General Statutes › Chapter 20 - Motor Vehicles › Article 2 - Uniform Driver's License Act. › § 20-36 - Ten-year-old convictions not considered.

§ 20-36. Ten-year-old convictions not considered.
Except for offenses occurring in a commercial motor vehicle, offenses by the holder of a commercial drivers license involving a noncommercial motor vehicle, or a second failure 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, no conviction of any other violation of the motor vehicle laws shall be considered by the Division in determining whether any person's driving privilege shall be suspended or revoked or in determining the appropriate period of suspension or revocation after 10 years has elapsed from the date of that conviction. (1971, c. 15; 1975, c. 716, s. 5; 1998-182, s. 22; 2005-349, s. 7; 2009-416, s. 4.)
2023 North Carolina General Statutes › Chapter 20 - Motor Vehicles › Article 2 - Uniform Driver's License Act. › § 20-37 - Limitations on issuance of licenses.

§ 20-37. Limitations on issuance of licenses.
There shall be no driver's license issued within this State other than that provided for in this Article, nor shall there be any other examination required: Provided, however, that cities and towns shall have the power to license, regulate and control drivers and operators of taxicabs within the city or town limits and to regulate and control operators of taxicabs operating between the city or town to points, not incorporated, within a radius of five miles of said city or town. (1935, c. 52, s. 34; 1943, c. 639, s. 2; 1979, c. 667, s. 41.)
2023 North Carolina General Statutes › Chapter 20 - Motor Vehicles › Article 2 - Uniform Driver's License Act. › § 20-37.01 - Drivers License Technology Fund.

§ 20-37.01. Drivers License Technology Fund.
The Drivers License Technology Fund is established in the Department of Transportation as a nonreverting, interest-bearing special revenue account. The revenue in the Fund at the end of a fiscal year does not revert, and earnings on the Fund shall be credited to the Fund annually. All money collected by the Commissioner pursuant to G.S. 20-37.02 shall be remitted to the State Treasurer and held in the Fund. Money held in the Fund shall be used to supplement funds otherwise available to the Division for information technology and office automation needs. The Commissioner shall report by February 1 and August 1 of each year to the Joint Legislative Commission on Governmental Operations, the chairs of the Senate and House of Representatives Appropriation Committees, and the chairs of the Senate and House of Representatives Appropriations Subcommittees on Transportation on all money collected and deposited in the Fund and on the proposed expenditure of funds collected during the preceding six months. (2001-461, s. 4; 2001-487, s. 42(c).)
2023 North Carolina General Statutes › Chapter 20 - Motor Vehicles › Article 2 - Uniform Driver's License Act. › § 20-37.02 - Verification of drivers license information.

§ 20-37.02. Verification of drivers license information.
(a) The Commissioner shall establish and operate an electronic system that can be used to verify drivers licenses and identification cards issued by the Division and the dates of birth on these documents in order to facilitate access to drivers license information by retailers and persons holding ABC permits to prevent the utilization of fictitious identification for the purpose of underage purchases of certain age-restricted products or to commit certain crimes.
(b) The electronic system established and operated by the Commissioner pursuant to subsection (a) of this section shall allow a retailer, as defined in G.S. 105-164.3(229), a person who holds an ABC permit, as defined in G.S. 18B-101(2), or an agent of the retailer or a person holding an ABC permit, to verify the validity of a drivers license or identification card issued by the Division and the date of birth of the person issued the drivers license or identification card. The Commissioner shall make drivers license and identification card information available in a read-only format, and the information to be made available shall not exceed the information contained on the face of the drivers license. The Division shall not keep a record of the inquiry. The retailer or a person holding an ABC permit may retain such information as is necessary to provide evidence that the person's drivers license or identification card was validated or that the person's age was verified. A retailer or permittee shall agree to comply with the requirements of this section prior to using the system.
(c) Except for purposes allowed in this section, a person using the electronic system established in accordance with subsection (a) of this section shall not collect or retain any information obtained through the use of the electronic system, nor transfer or make accessible to a third party any information obtained through an inquiry permitted under this section. A violation of the provisions of this subsection shall be punished as a Class 2 misdemeanor.
(d) A retailer or permittee using the electronic system established pursuant to this section shall be responsible for the costs of the equipment and communication lines approved by the Division needed by the retailer or permittee to access the system.
(e) The establishment and operation of an electronic system pursuant to this section may be funded through grants received from the State, the federal government, a private entity, or any other funding source made available to the Drivers License Technology Fund. All funds obtained through grants to the Fund shall be remitted to the State Treasurer to be held in the Drivers License Technology Fund established in G.S. 20-37.01. (2001-461, s. 4.)
2023 North Carolina General Statutes › Chapter 20 - Motor Vehicles › Article 2A - Afflicted, Disabled or Handicapped Persons. › § 20-37.5 - Definitions.

§ 20-37.5. Definitions.
Unless the context requires otherwise, the following definitions apply throughout this Article to the defined words and phrases and their cognates:
(1) "Distinguishing license plate" means a license plate that displays the International Symbol of Access using the same color, size of plate, and size of letters or numbers as a regular plate.
(1a) Guardian. – Any of the following:
a. Custodian. – As defined in G.S. 7B-101(8).
b. General guardian. – As defined in G.S. 35A-1202(7).
c. Guardian of the person. – As defined in G.S. 35A-1202(10).
(2) "Handicapped" shall mean a person with a mobility impairment who, as determined by a licensed physician:
a. Cannot walk 200 feet without stopping to rest;
b. Cannot walk without the use of, or assistance from, a brace, cane, crutch, another person, prosthetic device, wheelchair, or other assistive device;
c. Is restricted by lung disease to such an extent that the person's forced (respiratory) expiratory volume of one second, when measured by spirometry, is less than one liter, or the arterial oxygen tension is less than 60 mm/hg on room air at rest;
d. Uses portable oxygen;
e. Has a cardiac condition to the extent that the person's functional limitations are classified in severity as Class III or Class IV according to standards set by the American Heart Association;
f. Is severely limited in their ability to walk due to an arthritic, neurological, or orthopedic condition; or
g. Is totally blind or whose vision with glasses is so defective as to prevent the performance of ordinary activity for which eyesight is essential, as certified by a licensed ophthalmologist, optometrist, or the Division of Services for the Blind.
(3) "International Symbol of Access" means the symbol adopted by Rehabilitation International in 1969 at its Eleventh World Congress on Rehabilitation of the Disabled.
(4) "Removable windshield placard" means a two-sided, hooked placard which includes on each side:
a. The International Symbol of Access, which is at least three inches in height, centered on the placard, and is white on a blue shield;
b. An identification number;
c. An expiration date that is visible from at least 20 feet and the month and year of expiration; and
d. The seal or other identification of the issuing authority. (1967, c. 296, s. 5; 1977, c. 340, s. 1; 1991, c. 411, s. 1; 2009-493, s. 1; 2019-213, s. 1(a).)
2023 North Carolina General Statutes › Chapter 20 - Motor Vehicles › Article 2A - Afflicted, Disabled or Handicapped Persons. › § 20-37.6A - Parking privileges for out-of-state handicapped drivers and passengers.

§ 20-37.6A. Parking privileges for out-of-state handicapped drivers and passengers.
Any vehicle displaying an out-of-State handicapped license plate, placard, or other evidence of handicap issued by the appropriate authority of the appropriate jurisdiction may park in any space reserved for the handicapped pursuant to G.S. 20-37.6. (1981, c. 48; 1991, c. 411, s. 3; 1991 (Reg. Sess., 1992), c. 1007, s. 31.)
2023 North Carolina General Statutes › Chapter 20 - Motor Vehicles › Article 2B - Special Identification Cards for Nonoperators. › § 20-37.8 - Fraudulent use prohibited.

§ 20-37.8. Fraudulent use prohibited.
(a) It shall be unlawful for any person to use a false or fictitious name or give a false or fictitious address in any application for a special identification card or knowingly to make a false statement or knowingly conceal a material fact or otherwise commit a fraud in any such application or to obtain or possess more than one such card for a fraudulent purpose or knowingly to permit or allow another to commit any of the foregoing acts.
(b) It shall be unlawful for any person to present, display, or use a special identification card which contains a false or fictitious name in the commission or attempted commission of a felony.
(c) A violation of subsection (a) of this section shall constitute a Class 2 misdemeanor. A violation of subsection (b) of this section shall constitute a Class I felony. (1979, c. 603, s. 1; 1993, c. 539, s. 326; 1994, Ex. Sess., c. 24, s. 14(c); 1999-299, s. 2.)
2023 North Carolina General Statutes › Chapter 20 - Motor Vehicles › Article 2B - Special Identification Cards for Nonoperators. › § 20-37.9 - Notice of change of address or name.

§ 20-37.9. Notice of change of address or name.
(a) Address. – A person whose address changes from the address stated on a special identification card must notify the Division of the change within 60 days after the change occurs. If the person's address changed because the person moved, the person must obtain a new special identification card within that time limit stating the new address. A person who does not move but whose address changes due to governmental action may not be charged with violating this subsection.
(b) Name. – A person whose name changes from the name stated on a special identification card must notify the Division of the change within 60 days after the change occurs and obtain a new special identification card stating the new name.
(c) Fee. – G.S. 20-37.7 sets the fee for a special identification card. (1981, c. 521, s. 2; 1991, c. 689, s. 329; 1997-122, s. 6.)
2023 North Carolina General Statutes › Chapter 20 - Motor Vehicles › Article 2C - Commercial Driver License. › § 20-37.11 - Purpose.

§ 20-37.11. Purpose.
The purpose of this Article is to implement the federal Commercial Motor Vehicle Safety Act of 1986, 49 U.S.C. Chapter 36, and reduce or prevent commercial motor vehicle accidents, fatalities, and injuries by:
(1) Permitting commercial drivers to hold one license;
(2) Disqualifying commercial drivers who have committed certain serious traffic violations, or other specified offenses; and
(3) Strengthening commercial driver licensing and testing standards.
To the extent that this Article conflicts with general driver licensing provisions, this Article prevails. Where this Article is silent, the general driver licensing provisions apply. (1989, c. 771, s. 2.)
2023 North Carolina General Statutes › Chapter 20 - Motor Vehicles › Article 2C - Commercial Driver License. › § 20-37.12 - Commercial drivers license required.

§ 20-37.12. Commercial drivers license required.
(a) On or after April 1, 1992, no person shall operate a commercial motor vehicle on the highways of this State unless he has first been issued and is in immediate possession of a commercial drivers license with applicable endorsements valid for the vehicle he is driving; provided, a person may operate a commercial motor vehicle after being issued and while in possession of a commercial driver learner's permit and while accompanied by the holder of a commercial drivers license valid for the vehicle being driven.
(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.
(c) Repealed by Session Laws 1991, c. 726, s. 15.
(d) Any person who is not a resident of this State, who has been issued a commercial drivers license by his state of residence, or who holds any license recognized by the federal government that grants the privilege of driving a commercial motor vehicle, who has that license in his immediate possession, whose privilege to drive any motor vehicle is not suspended, revoked, or cancelled, and who has not been disqualified from driving a commercial motor vehicle shall be permitted without further examination or licensure by the Division to drive a commercial motor vehicle in this State.
(e) G.S. 20-7 sets the time period in which a new resident of North Carolina must obtain a license from the Division. The Commissioner may establish by rule the conditions under which the test requirements for a commercial drivers license may be waived for a new resident who is licensed in another state.
(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. (1989, c. 771, s. 2; 1991, c. 726, s. 15; 1997-122, s. 5; 1998-149, s. 4; 2003-397, s. 3; 2009-416, s. 5.)
2023 North Carolina General Statutes › Chapter 20 - Motor Vehicles › Article 2C - Commercial Driver License. › § 20-37.13A - Medical qualifications standards; waiver for intrastate drivers.

§ 20-37.13A. Medical qualifications standards; waiver for intrastate drivers.
(a) Medical Qualifications Standards Applicable to Commercial Drivers. – All commercial drivers license holders and applicants for commercial drivers licenses must meet the medical qualifications standards set forth in 49 C.F.R. § 391.41. As allowed under G.S. 20-9(g)(4)h., the Division may release information it deems necessary to any other State or federal government agency for purposes of determining an individual's ability to safely operate a commercial motor vehicle or to obtain a commercial drivers license.
(b) Intrastate Medical Waiver. – Any person unable to meet the standards in 49 C.F.R. § 391.41, as adopted by the Division, may apply for a medical waiver that, if approved, will authorize intrastate operation of a commercial motor vehicle. Applications for the medical waiver must be submitted to the Division in writing. Waivers may be granted for no more than two years.
(c) Intrastate Operation Subject to Waiver. – Any person granted an intrastate commercial drivers license medical waiver is permitted to maintain a commercial drivers license and operate a commercial motor vehicle in intrastate commerce subject to the following conditions:
(1) The commercial drivers license must display a restriction to signify it is only valid for intrastate operation.
(2) The holder of the license must submit to medical recertification at intervals set by the Division.
(3) The holder of the license must timely submit all documentation required by the Division.
(4) Failure to meet any condition within the time period allowed will result in an automatic downgrade of the license holder's commercial drivers license to a Class C regular drivers license. (2016-90, s. 6(e); 2018-74, s. 10(c).)
2023 North Carolina General Statutes › Chapter 20 - Motor Vehicles › Article 2C - Commercial Driver License. › § 20-37.14 - Nonresident commercial driver license.

§ 20-37.14. Nonresident commercial driver license.
The Division may issue a nonresident commercial driver license (NRCDL) to a resident of a foreign jurisdiction if the United States Secretary of Transportation has determined that the commercial motor vehicle testing and licensing standards in the foreign jurisdiction do not meet the testing standards established in 49 C.F.R., Part 383. The word "Nonresident" must appear on the face of the NRCDL. An applicant must surrender any NRCDL issued by another state. Prior to issuing a NRCDL, the Division shall establish the practical capability of revoking, suspending, or cancelling the NRCDL and disqualifying that person with the same conditions applicable to the commercial driver license issued to a resident of this State. (1989, c. 771, s. 2.)
2023 North Carolina General Statutes › Chapter 20 - Motor Vehicles › Article 2C - Commercial Driver License. › § 20-37.15 - Application for commercial drivers license.

§ 20-37.15. Application for commercial drivers license.
(a) An application for a commercial drivers license must include the information required by G.S. 20-7 for a regular drivers license and a consent to release driving record information.
(a1) The application must be accompanied by a nonrefundable application fee of forty-three dollars and 25 cents ($43.25). This fee does not apply in any of the following circumstances:
(1) When an individual surrenders a commercial driver learner’s permit issued by the Division when submitting the application.
(2) When the application is to renew a commercial drivers license issued by the Division.
This fee shall entitle the applicant to three attempts to pass the written knowledge test without payment of a new fee. No application fee shall be charged to an applicant eligible for a waiver under G.S. 20-37.13(c).
(b) When the holder of a commercial drivers license changes his name or residence address, an application for a duplicate shall be made as provided in G.S. 20-7.1 and a fee paid as provided in G.S. 20-14. (1989, c. 771, s. 2; 1991, c. 726, s. 17; 1993 (Reg. Sess., 1994), c. 750, s. 3; 2005-276, s. 44.1(f); 2015-241, s. 29.30(f).)
2023 North Carolina General Statutes › Chapter 20 - Motor Vehicles › Article 2C - Commercial Driver License. › § 20-37.17 - Record check and notification of license issuance.

§ 20-37.17. Record check and notification of license issuance.
Before issuing a commercial driver license, the Division shall obtain driving record information from the Commercial Driver License Information System (CDLIS), the National Driver Register, and from each state in which the person has been licensed.
Within 10 days after issuing a commercial driver license, the Division shall notify CDLIS of the issuance of the commercial driver license, providing all information necessary to ensure identification of the person. (1989, c. 771, s. 2.)
2023 North Carolina General Statutes › Chapter 20 - Motor Vehicles › Article 2C - Commercial Driver License. › § 20-37.18 - Notification required by driver.

§ 20-37.18. Notification required by driver.
(a) Any driver holding a commercial driver license issued by this State who is convicted of violating any State law or local ordinance relating to motor vehicle traffic control in any other state, other than parking violations, shall notify the Division in the manner specified by the Division within 30 days of the date of the conviction.
(b) Any driver holding a commercial driver license issued by this State who is convicted of violating any State law or local ordinance relating to motor vehicle traffic control in this or any other state, other than parking violations, shall notify his employer in writing of the conviction within 30 days of the date of conviction.
(c) Any driver whose commercial driver license is suspended, revoked, or cancelled by any state, or who loses the privilege to drive a commercial motor vehicle in any state for any period, including being disqualified from driving a commercial motor vehicle, or who is subject to an out-of-service order, shall notify his employer of that fact before the end of the business day following the day the driver received notice of that fact.
(d) Any person who applies to be a commercial motor vehicle driver shall provide the employer, at the time of the application, with the following information for the 10 years preceding the date of application:
(1) A list of the names and addresses of the applicant's previous employers for which the applicant was a driver of a commercial motor vehicle;
(2) The dates between which the applicant drove for each employer; and
(3) The reason for leaving that employer.
The applicant shall certify that all information furnished is true and complete. Any employer may require an applicant to provide additional information. (1989, c. 771, s. 2.)
2023 North Carolina General Statutes › Chapter 20 - Motor Vehicles › Article 2C - Commercial Driver License. › § 20-37.19 - Employer responsibilities.

§ 20-37.19. Employer responsibilities.
(a) Each employer shall require the applicant to provide the information specified in G.S. 20-37.18(c).
(b) No employer shall knowingly allow, permit, or authorize a driver to drive a commercial motor vehicle during any period:
(1) In which the driver has had his commercial driver license suspended, revoked, or cancelled by any state, is currently disqualified from driving a commercial vehicle, or is subject to an out-of-service order in any state; or
(2) In which the driver has more than one driver license; [or]
(3) In which the driver, the commercial motor vehicle being operated, or the motor carrier operation, is subject to an out-of-service order.
(c) The employer of any employee or applicant who tests positive or of any employee who refuses to participate in a drug or alcohol test required under 49 C.F.R. Part 382 and 49 C.F.R. Part 655 must notify the Division in writing within five business days following the employer's receipt of confirmation of a positive drug or alcohol test or of the employee's refusal to participate in the test. The notification must include the driver's name, address, drivers license number, social security number, and results of the drug or alcohol test or documentation from the employer of the refusal by the employee to take the test. (1989, c. 771, s. 2; 2005-156, s. 1; 2007-492, s. 2; 2009-416, s. 6.)
2023 North Carolina General Statutes › Chapter 20 - Motor Vehicles › Article 2C - Commercial Driver License. › § 20-37.20 - Notification of traffic convictions.

§ 20-37.20. Notification of traffic convictions.
(a) Out-of-state Resident. – Within 10 days after receiving a report of the conviction of any nonresident holder of a commercial driver license for any violation of State law or local ordinance relating to motor vehicle traffic control, other than parking violations, committed in a commercial vehicle, the Division shall notify the driver licensing authority in the licensing state of the conviction.
(b) (For effective date, see note) Foreign Diplomat. – The Division must notify the United States Department of State within 15 days after it receives one or more of the following reports for a holder of a drivers license issued by the United States Department of State:
(1) A report of a conviction for a violation of State law or local ordinance relating to motor vehicle traffic control, other than parking violations.
(2) A report of a civil revocation order. (1989, c. 771, s. 2; 2001-498, s. 7; 2002-159, s. 31; 2006-209, s. 7.)
2023 North Carolina General Statutes › Chapter 20 - Motor Vehicles › Article 2C - Commercial Driver License. › § 20-37.20A - Driving record notation for testing positive in a drug or alcohol test.

§ 20-37.20A. Driving record notation for testing positive in a drug or alcohol test.
Upon receipt of notice pursuant to G.S. 20-37.19(c) of positive result in an alcohol or drug test of a person holding a commercial drivers license, and subject to any appeal of the disqualification pursuant to G.S. 20-37.20B, the Division shall place a notation on the driving record of the driver. A notation of a disqualification pursuant to G.S. 20-17.4(l) shall be retained on the record of a person for a period of three years following the end of any disqualification of that person. (2005-156, s. 3; 2008-175, s. 2.)
2023 North Carolina General Statutes › Chapter 20 - Motor Vehicles › Article 2C - Commercial Driver License. › § 20-37.20B - Appeal of disqualification for testing positive in a drug or alcohol test.

§ 20-37.20B. Appeal of disqualification for testing positive in a drug or alcohol test.
Following receipt of notice pursuant to G.S. 20-37.19(c) of a positive test in an alcohol or drug test, the Division shall notify the driver of the pending disqualification of the driver to operate a commercial vehicle and the driver's right to a hearing if requested within 20 days of the date of the notice. If the Division receives no request for a hearing, the disqualification shall become effective at the end of the 20-day period. If the driver requests a hearing, the disqualification shall be stayed pending outcome of the hearing. The hearing shall take place at the offices of the Division of Motor Vehicles in Raleigh. The hearing shall be limited to issues of testing procedure and protocol. A copy of a positive test result accompanied by certification by the testing officer of the accuracy of the laboratory protocols that resulted in the test result shall be prima facie evidence of a confirmed positive test result. The decision of the Division hearing officer may be appealed in accordance with the procedure of G.S. 20-19(c6). (2005-156, s. 4.)
2023 North Carolina General Statutes › Chapter 20 - Motor Vehicles › Article 2C - Commercial Driver License. › § 20-37.21 - Penalties.

§ 20-37.21. Penalties.
(a) Any person who drives a commercial motor vehicle in violation of G.S. 20-37.12 shall be guilty of a Class 3 misdemeanor and, upon conviction, shall be fined not less than two hundred fifty dollars ($250.00) for a first offense and not less than five hundred dollars ($500.00) for a second or subsequent offense. In addition, the person shall be subject to a civil penalty pursuant to the provisions of 49 C.F.R. § 383.53(b).
(b) Any person who violates G.S. 20-37.18 shall have committed an infraction and, upon being found responsible, shall pay a penalty of not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00).
(c) Any employer who violates G.S. 20-37.19 shall have committed an infraction and, upon being found responsible, shall pay a penalty of not less than five hundred dollars ($500.00) nor more than one thousand dollars ($1,000). In addition, upon conviction, the employer shall be subject to a civil penalty of not less than two thousand seven hundred fifty dollars ($2,750) nor more than eleven thousand dollars ($11,000).
(d) An employer who knowingly allows, requires, permits, or otherwise authorizes an employee to violate any railroad grade requirements contained in G.S. 20-142.1 through G.S. 20-142.5 shall pay a civil penalty of not more than ten thousand dollars ($10,000). (1989, c. 771, s. 2; 1993, c. 539, s. 327; 1994, Ex. Sess., c. 24, s. 14(c); 2005-349, s. 10; 2009-416, s. 7.)
2023 North Carolina General Statutes › Chapter 20 - Motor Vehicles › Article 2D - Implied-Consent Offense Procedures. › § 20-38.1 - Applicability.

§ 20-38.1. Applicability.
The procedures set forth in this Article shall be followed for the investigation and processing of an implied-consent offense as defined in G.S. 20-16.2. The trial procedures shall apply to any implied-consent offense litigated in the District Court Division. (2006-253, s. 5.)
2023 North Carolina General Statutes › Chapter 20 - Motor Vehicles › Article 2D - Implied-Consent Offense Procedures. › § 20-38.2 - Investigation.

§ 20-38.2. Investigation.
A law enforcement officer who is investigating an implied-consent offense or a vehicle crash that occurred in the officer's territorial jurisdiction is authorized to investigate and seek evidence of the driver's impairment anywhere in-state or out-of-state, and to make arrests at any place within the State. (2006-253, s. 5.)
2023 North Carolina General Statutes › Chapter 20 - Motor Vehicles › Article 2D - Implied-Consent Offense Procedures. › § 20-38.3 - Police processing duties.

§ 20-38.3. Police processing duties.
Upon the arrest of a person, with or without a warrant, but not necessarily in the order listed, a law enforcement officer:
(1) Shall inform the person arrested of the charges or a cause for the arrest.
(2) May take the person arrested to any place within the State for one or more chemical analyses at the request of any law enforcement officer and for any evaluation by a law enforcement officer, medical professional, or other person to determine the extent or cause of the person's impairment.
(3) May take the person arrested to some other place within the State for the purpose of having the person identified, to complete a crash report, or for any other lawful purpose.
(4) May take photographs and fingerprints in accordance with G.S. 15A-502.
(5) Shall take the person arrested before a judicial official for an initial appearance after completion of all investigatory procedures, crash reports, chemical analyses, and other procedures provided for in this section. (2006-253, s. 5.)
2023 North Carolina General Statutes › Chapter 20 - Motor Vehicles › Article 2D - Implied-Consent Offense Procedures. › § 20-38.4 - Initial appearance.

§ 20-38.4. Initial appearance.
(a) Appearance Before a Magistrate. – Except as modified in this Article, a magistrate shall follow the procedures set forth in Article 24 of Chapter 15A of the General Statutes.
(1) A magistrate may hold an initial appearance at any place within the county and shall, to the extent practicable, be available at locations other than the courthouse when it will expedite the initial appearance.
(2) In determining whether there is probable cause to believe a person is impaired, the magistrate may review all alcohol screening tests, chemical analyses, receive testimony from any law enforcement officer concerning impairment and the circumstances of the arrest, and observe the person arrested.
(3) If there is a finding of probable cause, the magistrate shall consider whether the person is impaired to the extent that the provisions of G.S. 15A-534.2 should be imposed.
(4) The magistrate shall also:
a. Inform the person in writing of the established procedure to have others appear at the jail to observe his condition or to administer an additional chemical analysis if the person is unable to make bond; and
b. Require the person who is unable to make bond to list all persons he wishes to contact and telephone numbers on a form that sets forth the procedure for contacting the persons listed. A copy of this form shall be filed with the case file.
(b) The Administrative Office of the Courts shall adopt forms to implement this Article. (2006-253, s. 5.)
2023 North Carolina General Statutes › Chapter 20 - Motor Vehicles › Article 2D - Implied-Consent Offense Procedures. › § 20-38.5 - Facilities.

§ 20-38.5. Facilities.
(a) The Chief District Court Judge, the Department of Health and Human Services, the district attorney, and the sheriff shall:
(1) Establish a written procedure for attorneys and witnesses to have access to the chemical analysis room.
(2) Approve the location of written notice of implied-consent rights in the chemical analysis room in accordance with G.S. 20-16.2.
(3) Approve a procedure for access to a person arrested for an implied-consent offense by family and friends or a qualified person contacted by the arrested person to obtain blood or urine when the arrested person is held in custody and unable to obtain pretrial release from jail.
(b) Signs shall be posted explaining to the public the procedure for obtaining access to the room where the chemical analysis of the breath is administered and to any person arrested for an implied-consent offense. The initial signs shall be provided by the Department of Transportation, without costs. The signs shall thereafter be maintained by the county for all county buildings and the county courthouse.
(c) If the instrument for performing a chemical analysis of the breath is located in a State or municipal building, then the head of the highway patrol for the county, the chief of police for the city or that person's designee shall be substituted for the sheriff when determining signs and access to the chemical analysis room. The signs shall be maintained by the owner of the building. When a breath testing instrument is in a motor vehicle or at a temporary location, the Department of Health and Human Services shall alone perform the functions listed in subdivisions (a)(1) and (a)(2) of this section. (2006-253, s. 5.)
2023 North Carolina General Statutes › Chapter 20 - Motor Vehicles › Article 2D - Implied-Consent Offense Procedures. › § 20-38.6 - Motions and district court procedure.

§ 20-38.6. Motions and district court procedure.
(a) The defendant may move to suppress evidence or dismiss charges only prior to trial, except the defendant may move to dismiss the charges for insufficient evidence at the close of the State's evidence and at the close of all of the evidence without prior notice. If, during the course of the trial, the defendant discovers facts not previously known, a motion to suppress or dismiss may be made during the trial.
(b) Upon a motion to suppress or dismiss the charges, other than at the close of the State's evidence or at the close of all the evidence, the State shall be granted reasonable time to procure witnesses or evidence and to conduct research required to defend against the motion.
(c) The judge shall summarily grant the motion to suppress evidence if the State stipulates that the evidence sought to be suppressed will not be offered in evidence in any criminal action or proceeding against the defendant.
(d) The judge may summarily deny the motion to suppress evidence if the defendant failed to make the motion pretrial when all material facts were known to the defendant.
(e) If the motion is not determined summarily, the judge shall make the determination after a hearing and finding of facts. Testimony at the hearing shall be under oath.
(f) The judge shall set forth in writing the findings of fact and conclusions of law and preliminarily indicate whether the motion should be granted or denied. If the judge preliminarily indicates the motion should be granted, the judge shall not enter a final judgment on the motion until after the State has appealed to superior court or has indicated it does not intend to appeal. (2006-253, s. 5.)
2023 North Carolina General Statutes › Chapter 20 - Motor Vehicles › Article 2D - Implied-Consent Offense Procedures. › § 20-38.7 - Appeal to superior court.

§ 20-38.7. Appeal to superior court.
(a) The State may appeal to superior court any district court preliminary determination granting a motion to suppress or dismiss. If there is a dispute about the findings of fact, the superior court shall not be bound by the findings of the district court but shall determine the matter de novo. Any further appeal shall be governed by Article 90 of Chapter 15A of the General Statutes.
(b) The defendant may not appeal a denial of a pretrial motion to suppress or to dismiss but may appeal upon conviction as provided by law.
(c) Notwithstanding the provisions of G.S. 15A-1431, for any implied-consent offense that is first tried in district court and that is appealed to superior court by the defendant for a trial de novo as a result of a conviction, when an appeal is withdrawn or a case is remanded back to district court, the sentence imposed by the district court is vacated and the district court shall hold a new sentencing hearing and shall consider any new convictions unless one of the following conditions is met:
(1) If the appeal is withdrawn pursuant to G.S. 15A-1431(c), the prosecutor has certified to the clerk, in writing, that the prosecutor has no new sentencing factors to offer the court.
(2) If the appeal is withdrawn and remanded pursuant to G.S. 15A-1431(g), the prosecutor has certified to the clerk, in writing, that the prosecutor has no new sentencing factors to offer the court.
(3) If the appeal is withdrawn and remanded pursuant to G.S. 15A-1431(h), the prosecutor has certified to the clerk, in writing, that the prosecutor consents to the withdrawal and remand and has no new sentencing factors to offer the court.
(d) Following a new sentencing hearing in district court pursuant to subsection (c) of this section, a defendant has a right of appeal to the superior court only if:
(1) The sentence is based upon additional facts considered by the district court that were not considered in the previously vacated sentence, and
(2) The defendant would be entitled to a jury determination of those facts pursuant to G.S. 20-179.
A defendant who has a right of appeal under this subsection, gives notice of appeal, and subsequently withdraws the appeal shall have the sentence imposed by the district court reinstated by the district court as a final judgment that is not subject to further appeal. (2006-253, s. 5; 2007-493, s. 9; 2008-187, s. 10; 2015-150, s. 5; 2015-264, s. 39(a).)
2023 North Carolina General Statutes › Chapter 20 - Motor Vehicles › Article 3 - Motor Vehicle Act of 1937. › § 20-40 - Offices of Division.

§ 20-40. Offices of Division.
The Commissioner shall maintain an office in Wake County, North Carolina, or a surrounding county, and in such places in the State as the Commissioner deems necessary to properly carry out the provisions of this Article. (1937, c. 407, s. 5; 2018-5, s. 34.24(c).)
2023 North Carolina General Statutes › Chapter 20 - Motor Vehicles › Article 3 - Motor Vehicle Act of 1937. › § 20-41 - Commissioner to provide forms required.

§ 20-41. Commissioner to provide forms required.
The Commissioner shall provide suitable forms for applications, certificates of title and registration cards, registration number plates and all other forms requisite for the purpose of this Article, and shall prepay all transportation charges thereon. (1937, c. 407, s. 6.)