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House Bill 285: ENS Railroad Train/Driver Ed Curriculum — House Education - K-12 (March 31, 2021)

Summary

House Bill 285: ENS Railroad Train/Driver Ed Curriculum, Analysis of the Second Edition, 2021-2022 General Assembly, for the House Education - K-12 committee, dated March 31, 2021. Introduced by Reps. Penny and Clampitt, it would require the North Carolina Department of Transportation to include in the driver license handbook, and the Department of Public Instruction to include in the driver education curriculum, procedures for using the Emergency Notification System for telephonic reporting of emergency conditions at highway-rail and pathway grade crossings. The bill would also create a new criminal offense for the misuse of ENS, classified as a Class 1 misdemeanor. The handbook requirements would become effective January 1, 2022 and the new offense December 1, 2021.

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“House Bill 285: ENS Railroad Train/Driver Ed Curriculum — House Education - K-12 (March 31, 2021).” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/2031-06-03-h285-smbe-24-e2-v1-0bdb76405e/, SHA-256 3dcfcaba2e2d0c80cbf6ea15940751382ec7b0afc4a29675710b9c3f98f2a918.

Full text

                                                     HOUSE BILL 285:
                                                     ENS Railroad Train/Driver Ed Curriculum.
      2021-2022 General Assembly
     Committee:     House Education - K-12. If favorable, re-refer Date:        March 31, 2021
                    to Rules, Calendar, and Operations of the
                    House
     Introduced by: Reps. Penny, Clampitt                          Prepared by: Brian Gwyn*
     Analysis of:   Second Edition                                              Committee Co-Counsel

     OVERVIEW: The 2nd edition of House Bill 285 would require the North Carolina Department of
     Transportation (NCDOT) to include in the driver license handbook, and the Department of Public
     Instruction (DPI) to include in the driver education curriculum, procedures and instructions for using
     the Emergency Notification System (ENS) for telephonic reporting of emergency conditions at
     highway-rail and pathway grade crossings. The bill would also create a new criminal offense for the
     misuse of ENS.


     CURRENT LAW: G.S. 20-88.1(d) requires NCDOT to prepare and periodically update a driver license
     handbook that explains North Carolina traffic laws.
     G.S. 115C-215 requires DPI to administer a standardized program of driver education. The curriculum
     must include instruction on accessibility rights, privileges, signs, and symbols; driving while impaired and
     related offenses; actual driving experience; motorcycle awareness; and law enforcement procedures for
     traffic stops.


     BILL ANALYSIS: The bill would require NCDOT to include in the driver license handbook, and DPI
     to include in the driver education curriculum, procedures and instructions for using ENS for telephonic
     reporting of emergency conditions at highway-rail and pathway grade crossings, including unsafe
     conditions, obstructions, malfunctioning warning devices, and missing, damaged, or otherwise unusable
     ENS signs. The bill would also create a new criminal offense for the misuse of ENS. A violation would
     be classified as a Class 1 misdemeanor, and punishable by a maximum of 120 days of active punishment
     and a fine in the discretion of the court.


     EFFECTIVE DATE: The driver license handbook requirements would become effective January 1,
     2022. The new criminal offense would become effective December 1, 2021. The driver education
     curriculum requirements would become effective when the bill becomes law and would apply beginning
     with the 2021-2022 school year.


     *Kellette Wade, Staff Attorney with the Legislative Analysis Division, substantially contributed to this
     summary.


                                                                                                                                                             Legislative Analysis
     Jeffrey Hudson
                                                                                                                                                                   Division
         Director                                           H285-SMBE-24(e2)-v-1                                                                               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.

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