Analysis of PCS - Senate Bill 69, DMV Licensing Req/Outsource Road Tests (March 11, 2021)

Summary

A committee counsel analysis of the PCS to Second Edition of Senate Bill 69, DMV Licensing Req/Outsource Road Tests, for the Senate Commerce and Insurance committee of the 2021-2022 General Assembly, dated March 11, 2021 and prepared by Amy Darden. The overview says the PCS would reduce the time an applicant must hold a Level 1 limited learner's permit before applying for a Level 2 limited provisional license, and would authorize the Division of Motor Vehicles to utilize licensed commercial driver training schools to administer required road tests. It states that the PCS changes the time to 9 months. The current law section says a teen must hold a Level 1 permit for at least 12 months, among other requirements, before applying for a Level 2 license.

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“Analysis of PCS - Senate Bill 69, DMV Licensing Req/Outsource Road Tests (March 11, 2021).” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/2021-03-16-s69-smbb-7-csbb-3-v5-9da231d8ab/, SHA-256 77d6a420c7f20336b2b5a0ee3f0df59eb1b29b0be45c054633fbb694caf7ee5e.

Full text

SENATE BILL 69:
DMV Licensing Req/Outsource Road Tests.
2021-2022 General Assembly
Committee: Senate Commerce and Insurance. If favorable, Date: March 11, 2021
re-refer to Rules and Operations of the Senate
Introduced by: Sens. Sawyer, McInnis, Britt Prepared by: Amy Darden*
Analysis of: PCS to Second Edition Committee Counsel
S69-CSBB-3

OVERVIEW: The PCS to Senate Bill 69 would amend graduated drivers licensing requirements by
reducing the amount of time an applicant must hold a Level 1 limited learner's permit before applying
for a Level 2 limited provisional license. It would also authorize the Division of Motor Vehicles to utilize
licensed commercial driver training schools to administer required road tests.
The PCS removes the modification to the driving hour limitations of a Level 1 limited learner's permit
and changes the amount of time a person must hold a Level 1 limited learner's permit before being
eligible to apply for a Level 2 limited provisional license to 9 months.
CURRENT LAW: Under the graduated driver's license statute (G.S. 20-11), there are three levels of
driving privileges for persons less than 18 years old: Level 1 – limited learner's permit; Level 2 – limited
provisional license; and Level 3 – full provisional license. (See the chart on page 3 for detailed
requirements and restrictions for each level.) A teen must hold a Level 1 permit for at least 12 months,
among other requirements, before being eligible to apply for a Level 2 license.
The Division of Motor Vehicles has general statutory authority in issuing drivers licenses to administer
tests, including road tests, to examine an applicant's physical and mental ability. However, it is a specific
statutory requirement under the graduated drivers licensing provisions that an applicant pass a road test
administered by the Division to obtain a Level 2 limited provisional license. In response to the pandemic,
S.L. 2020-30 was enacted last year to require the Division to waive road tests for Level 2 applicants if the
applicant meets all other requirements. That provision is currently in effect and available to those eligible
to apply for a Level 2 limited provisional license. Any applicant who receives a waiver is still required to
pass a road test prior to obtaining a Level 3 full provisional license.
The Division of Motor Vehicles currently licenses and regulates commercial driver training schools and
instructors in North Carolina. These businesses provide education and training to individuals on operation
of motor vehicles.
BILL ANALYSIS: The PCS to Senate Bill 69 would amend graduated drivers licensing requirements
and restrictions by:
• Reducing the amount of time a person is required to hold a Level 1 limited learner's permit before
being eligible to apply for a Level 2 limited provisional license from 12 months to 9 months.
(However, an applicant would still have to be at least 16 years old before applying for a Level 2
and would have to meet all other current requirements, including logging 60 hours of driving
experience.)

Legislative Analysis
Jeffrey Hudson
Division
Director S69-SMBB-7(CSBB-3)-v-5 919-733-2578
This bill analysis was prepared by the nonpartisan legislative staff for the use of legislators in their deliberations and does not constitute an official statement of legislative intent.
Senate PCS 69
Page 2

• Amending the road test requirement to allow the Division to accept a road test administered by a
commercial driver training school that is certified by the Division to administer road tests.
The bill would also authorize the Division, in addition to administering road tests at Division offices, to
certify and oversee commercial driver training schools to administer road tests in accordance with criteria
established by the Division. No later than November 1, 2021, the Division would be required to report
back to the General Assembly on implementation of this authorization. If the Division opts not to use this
authorization, it would be required to report on the reasons for not doing so and what other measures it
has undertaken to reduce wait times and improve customer service with regard to road testing.
EFFECTIVE DATE: The bill would be effective when it becomes law. Provisions amending Level 2
requirements would apply to applications submitted on or after that date.
*Wendy Ray, Staff Attorney, substantially contributed to this summary.
Senate PCS 69
Page 3

GRADUATED DRIVERS LICENSE PROVISIONS (G.S. 20-11)

LEVEL 1 – Limited LEVEL 2 – Limited Provisional LEVEL 3 – Full
Learner's Permit License Provisional License
REQUIREMENTS • Eligible at 15. • Eligible at 16. • Eligible at 16.5.
• Passes driver education • Has held a Level 1 permit for at • Has held a Level 2 license
course. least 12 months. for at least 6 months.
• Passes DMV written test. • Has no convictions for moving • Has no convictions for
• Has driving eligibility violations, seat belt infractions, or moving violations, seat belt
certificate, high school violations of mobile phone infractions, or violations of
diploma, or equivalent. prohibition within the last 6 mobile phone prohibition
months. within the last 6 months.
• Passes DMV road test. • Has driving eligibility
• Has driving eligibility certificate, certificate, high school
high school diploma, or diploma, or equivalent.
equivalent. • 12 logged hours driving, 6 at
• 60 logged hours driving, 10 at night.
night.
TIME • 5:00 am – 9:00 pm for first • If supervised, no restriction. NONE
RESTRICTIONS 6 months. • If unsupervised:
• After 6 months, no o 5:00 am – 9:00 pm.
restriction. o Driving directly to or from
work.
o Driving directly to or from an
activity of a volunteer fire
department, rescue squad, or
emergency medical service.

SUPERVISION Supervision required at all When supervision is required, the NONE
times, and the supervising supervising driver must be seated
driver must be seated beside beside the license holder in the front
the permit holder in the front seat of the vehicle.
seat of the vehicle.
PASSENGER Only the supervising driver If unsupervised: NONE
LIMITATIONS may be in the front seat. • Unlimited number of occupants
over the age of 21.
• Unlimited number of occupants
who are family members or
members of the same household.
• Only one non-family member
occupant under the age of 21, if no
family member or household
occupant is under 21.
USE OF MOBILE All use prohibited. All use prohibited Use prohibited except in
PHONE emergencies and calling parent,
guardian, or spouse.

*All drivers must be in possession of license or permit when driving, and every person occupying the vehicle must have a
safety belt properly fastened or be restrained by child passenger restraint system when the vehicle is in motion.

*A "supervising driver" is a parent, grandparent, guardian, or responsible person approved by the parent, guardian, or DMV,
who has been a licensed driver for at least five years.

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