GENERAL ASSEMBLY OF NORTH CAROLINA
1991 SESSION
CHAPTER 682
The General Assembly of North Carolina enacts:
Section 1. G.S. 20-4.19(c) reads as rewritten:
"(c) Upon the failure of
the nonresident to comply with the citation, the law-enforcement officer clerk
of court shall obtain a warrant for his arrest and shall report the
noncompliance to the Division. The report of noncompliance shall clearly
identify the nonresident; describe the violation, specifying the section of the
statute, code, or ordinance violated; indicate the location and date of offense;
and identify the vehicle involved; involved. bear the
signature of the law-enforcement officer; and contain a copy of the personal
recognizance signed by the nonresident."
Sec. 2. G.S. 20-14 reads as rewritten:
"§ 20-14. Duplicate licenses.
A licensee may obtain a duplicate license, upon payment of a fee of five dollars ($5.00), if he furnishes to the Division satisfactory proof that:
(1) He has lost or destroyed his license; or
(2) It is necessary to change the name or address on the license; or
(3) He has reached the age
wherein he is entitled to a license with a different color photographic background.
background; or
(4) He has become eligible for reinstatement of his North Carolina driving privilege following a period of suspension or revocation and the last license issued has not yet expired."
Sec. 3. G.S. 20-16(d) reads as rewritten:
"(d) Upon suspending the
license of any person as hereinbefore authorized in this section
authorized, section, the Division shall immediately notify the
licensee in writing and upon his request shall afford him an opportunity for a
hearing, unless a preliminary hearing was held before his license was
suspended, as early as practical within not to exceed 30 days after receipt of
such request. The hearing shall be conducted in the district court
district as defined in G.S. 7A-133 wherein the licensee resides. Hearings shall
be rotated among all the counties within that district if the district contains
more than one county unless the Division and the licensee agree that such
hearing may be held in some other district, and such notice shall contain the
provisions of this section printed thereon. Upon such hearing the duly
authorized agents of the Division may administer oaths and may issue subpoenas
for the attendance of witnesses and the production of relevant books and papers
and may require a reexamination of the licensee. Upon such hearing the
Division shall either rescind its order of suspension, or good cause appearing
therefor, may extend the suspension of such license. Provided further upon such
hearing, preliminary or otherwise, involving subsections (a)(1) through
(a)(10a) of this section, the Division may for good cause appearing in its
discretion substitute a period of probation not to exceed one year for the
suspension or for any unexpired period of suspension. Probation shall
mean any written agreement between the suspended driver and a duly authorized
representative of the Division and such period of probation shall not exceed one
year, and any violation of the probation agreement during the probation period
shall result in a suspension for the unexpired remainder of the suspension
period. The authorized agents of the Division shall have the same powers in
connection with a preliminary hearing prior to suspension as this subsection
provided in connection with hearings held after suspension. These
agents shall also have the authority to take possession of a surrendered
license on behalf of the Division if the suspension is upheld and the licensee
requests that the suspension begin immediately."
Sec. 4. G.S. 20-24.1(c) reads as rewritten:
"(c) If the person
satisfies the conditions of subsection(b) that are applicable to his case
before the effective date of the revocation order, the revocation order must
be rescinded and any entries on his driving record relating to it shall
be deleted and the person does not have to pay a restoration fee. For all
other revocation orders issued pursuant to this section, the person must pay
the restoration fee required by G.S. 20-7(i1) and satisfy any other applicable
requirements of this Article before he may be relicensed."
Sec. 5. G.S. 20-24.2(b) reads as rewritten:
"(b) The reporting requirement of this section and the revocation mandated by G.S. 20-24.1 do not apply to offenses in which an order of forfeiture of a cash bond is entered and reported to the Division pursuant to G.S. 20-24. If an order is sent to the Division by the clerk through clerical mistake or other inadvertence, the clerk's office that sent the report of noncompliance must withdraw the report and send notice to the Division which shall correct its records accordingly."
Sec. 6. G.S. 20-28.1(a) reads as rewritten:
"§ 20-28.1. Conviction of moving offense committed while driving during period of suspension or revocation of license.
(a) Upon receipt of notice of conviction of any person of a motor vehicle moving offense, except a conviction punishable under G.S. 20-28(a1), such offense having been committed while such person's driving privilege was in a state of suspension or revocation, the Division shall revoke such person's driving privilege for an additional period of time as set forth in subsection (b) hereof."
Sec. 7. This act shall become effective upon ratification.
In the General Assembly read three times and ratified this the 13th day of July, 1991.
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James C. Gardner
President of the Senate
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Daniel Blue, Jr.
Speaker of the House of Representatives