NORTH CAROLINA GENERAL ASSEMBLY

1967 SESSION

 

 

CHAPTER 295

HOUSE BILL 212

 

 

AN ACT TO PROVIDE A HEARING BEFORE SUSPENSION OF OPERATOR'S LICENSE OF PROVISIONAL LICENSEES WHO ARE CONVICTED OF ONE MOTOR VEHICLE MOVING VIOLATION IN CONNECTION WITH AN ACCIDENT RESULTING IN PERSONAL INJURY OR PROPERTY DAMAGE OF ONE HUNDRED DOLLARS ($100.00) OR MORE.

 

The General Assembly of North Carolina do enact:

 

Section 1.  G.S. 20-13, as the same appears in the 1965 Replacement Volume 1C of the General Statutes, is amended by deleting subsection(b)(4) thereof.

Sec. 2.  Article 2 of Chapter 20, as the same appears in the 1965 Replacement Volume 1C of the General Statutes, is amended by inserting immediately after G.S. 20-13 a new Section designated G.S. 20-13.1 to read as follows:

"G.S. 20-13.1.  The operator's license of a provisional licensee as defined in G.S. 20-13 may be suspended by the Department for a period of 60 days upon notice of such licensee's conviction of one motor vehicle moving violation in connection with a motor vehicle accident resulting in personal injury or property damage of more than one hundred dollars ($100.00). Upon suspending any license as herein provided, the Department shall immediately notify the licensee, in writing, and, upon the request of the licensee's parent or guardian or someone standing in loco parentis to the child, afford him an opportunity for a hearing as early as practical within 20 days after receipt of the request in the county wherein the licensee resides or at some other place mutually agreed upon. Upon such hearing, the duly authorized agents of the Department may administer oaths and issue subpoenas for the attendance of witnesses and the production of relevant documents and may require re-examination. Upon such hearing, the Department may rescind, modify or affirm its order of suspension.

Sec. 2.  All laws and clauses of laws in conflict with this Act are hereby repealed.

Sec. 3.  This Act shall become effective upon its ratification.

In the General Assembly read three times and ratified, this the 5th day of May, 1967.