SUBCHAPTER 3B ‑ DRIVER LICENSE SECTION
SECTION .0100 ‑ GENERAL INFORMATION
19A NCAC 03B .0101 PURPOSE
This Section provides information on the following:
(1) the four tests that may be required of an applicant
for a driver's license;
(2) the medical evaluation program;
(3) driving records;
(4) classified driver's license.
History Note: Authority G.S. 20‑1; 20‑7(a)
to (e); 20‑9; 20-15; 20‑17.1; 20-24; 20-26; 20-27; 20-39; 111‑28;
Eff. July 1, 1978;
Amended Eff. June 5, 1981.
19A NCAC 03B .0102 DEFINITIONS
History Note: Authority G.S. 20‑4.01; 20‑7(c);
Eff. July 1, 1978;
Amended Eff. June 5, 1981;
Repealed Eff. July 1, 1982.
19A NCAC 03B .0103 FORMS
The forms used by the driver license section of the Division
of Motor Vehicles are on file in the commissioner's office and are available
for review during normal working hours.
History Note: Authority G.S. 20‑7; 20-39;
Eff. July 1, 1978;
Amended Eff. November 1, 1991; June 5, 1981.
19A NCAC 03B .0104 RE‑EXAMINATION FOR TRAFFIC
VIOLATIONS
19A NCAC 03B .0105 RE‑EXAMINATION MAY BE REQUIRED
19A NCAC 03B .0106 SPECIAL OPERATOR'S LICENSE
19A NCAC 03B .0107 TEMPORARY LEARNER'S PERMITS
19A NCAC 03B .0108 DESCRIPTION
19A NCAC 03B .0109 MINORS
19A NCAC 03B .0110 DUPLICATE LICENSE FEE
19A NCAC 03B .0111 EXEMPTIONS FROM LICENSE REQUIREMENTS
19A NCAC 03B .0112 AGE LIMITS
19A NCAC 03B .0113 PERSONS NOT TO BE LICENSED
19A NCAC 03B .0114 ADDRESS CHANGE
19A NCAC 03B .0115 PUBLIC PASSENGER DRIVER'S AGE LIMIT
19A NCAC 03B .0116 CANCELLATION FOR INCORRECT INFORMATION
19A NCAC 03B .0117 SPECIAL IDENTIFICATION CARD
19A NCAC 03B .0118 FORMS ON FILE
History Note: Authority G.S. 20‑1; 20‑7; 20‑7.1;
20‑7(f),(l),(n); 20‑8(1) to (7); 20‑9(a) to (f); 20‑10;
20‑11(a) to (c); 20‑12; 20‑15(a),(b); 20‑29.1; 20‑37.1;
20‑37.7(a) to (h);
Eff. July 1, 1978;
Repealed Eff. June 30, 1981.
19A NCAC 03B .0119 FEE FOR DRIVER IMPROVEMENT CLINIC
A twenty‑five ($25.00) fee shall be charged to persons
who are assigned and attend the driver improvement clinic. Payment must be
made to a driver license representative prior to attending the first class. A
certified check, money order or cash will be required, and a receipt for
payment, in any form, will be issued. Personal checks will not be accepted.
History Note: Authority G.S. 20‑1; 20‑16(c);
20‑16(e); 20-39;
Eff. October 1, 1982;
Amended Eff. November 1, 1991.
section .0200 - DRIVER'S LICENSE ISSUANCE
19A NCAC 03B .0201 DRIVER'S LICENSE EXAMINATION AND ONLINE
RENEWAL
(a) The Division shall issue a driver's license to any
person who passes the tests and meets the requirements listed below and is
otherwise eligible under G.S. 20 to hold a license. Applicants for a driver's
license are subject to the following tests and requirements:
(1) Knowledge Examination. This is an
automated computer test on knowledge of rules of the road. An audio component
allows applicants with reading comprehension difficulties to listen to the test
questions by use of earphones. Eighty percent of the questions shall be
answered correctly in order to pass the knowledge examination. For the
issuance of a remote renewal, the requirement of a knowledge examination shall
be waived.
(2) Road Signs. This is a test on knowledge of
highway signs and their meanings. Applicants for a regular Class "C"
license shall correctly identify nine of twelve road signs. Applicants for
"A" or "B" licenses shall correctly identify all road
signs. For the issuance of a remote renewal, the requirement of the road signs
test shall be waived.
(3) Visual Acuity Test. The applicant's visual
acuity shall be 20/40 or better in either eye or both eyes together to receive
an unrestricted license. A license is restricted to require corrective lenses
if acuity is less than 20/40 in either eye or both eyes together.
(4) Road Test. The road test measures the
applicant's ability to operate a motor vehicle safely in actual traffic
situations. The required maneuvers are: quick stop, turnabout, backing,
approach corner, right turns, left turns, traffic lights, use of vehicle
operating equipment, starts, use of lanes, use of brakes, following, and paying
attention. Approval or disapproval is determined by the driver license examiner
based upon the applicant's ability to execute the required maneuvers. For the
issuance of a remote renewal, the requirement of a road test shall be waived.
(5) Remote Renewal. The renewal of a driver's
license by mail, telephone, or electronic device. Applicants will find
instructions for remote renewal on the Division of Motor Vehicles' Website at
http://www.ncdot.gov/dmv. A driver's license issued by remote renewal expires
in accordance with G.S. 20-7(f)(6)c.
(6) Attestation. An applicant eligible to make
application for a remote renewal shall truthfully attest to the following as
part of the application for a remote renewal:
(A) The applicant is a resident of North Carolina and
currently resides at the address listed on the license to be renewed;
(B) The license holder's name as it appears on the
license to be renewed has not changed;
(C) All information provided during the application for
a remote renewal has been provided truthfully;
(D) That the applicant knows of no change in his or her
vision since the last time the applicant passed the visual acuity test in
Subparagraph (a)(3) of this Rule that would impair the applicant's ability to
safely drive a motor vehicle; and
(E) That no change in physical or mental abilities has
occurred since the last issuance.
(7) Photo Requirement. The requirement of a
newly captured photo in G.S. 20-7(n)(4) shall be waived for an applicant
eligible to make application for a remote renewal, providing the applicant has
an existing DMV photo on file.
(8) Upon completion of the remote renewal
process, the license shall be renewed if all criteria in G.S. 20-7 are met. The
applicant may use the current license for all legitimate driver license
purposes until the license becomes invalid for some other reason, or receipt of
the new license card.
(b) The tests contained in Paragraph (a) shall be
administered as follows:
(1) First time applicants. Applicants applying
for a driver's license for the first time shall complete the full examination,
to include the knowledge examination, road signs test, visual acuity test, and
road test. Applicants in this Subparagraph are not eligible to apply for
remote renewal.
(2) Renewals and licenses expired less than two
years. Applicants seeking to renew a valid, unexpired North Carolina driver’s
license shall complete the road signs test and visual acuity test, unless the
applicant is renewing remotely. Applicants possessing a previously issued North
Carolina driver's license, expired less than two years, shall complete the road
signs test and visual acuity test. An applicant shall attest during the
application for a remote driver license renewal that the applicant knows of no
change in his or her vision as set out in Part (a)(6)(D) of this Rule.
(3) Applicants possessing a previously issued
North Carolina driver's license expired greater than two years. Applicants
shall complete the full examination, to include the knowledge examination, road
signs test, visual acuity test, and road test. Applicants in this Subparagraph
are not eligible to apply for remote renewal.
(4) Applicants with a driver's license issued
by another State, which is valid and current, or expired less than two years.
Applicants seeking to transfer their current driver's license from another
state or applicants possessing a driver's license issued by another state that
is expired less than two years shall complete the road signs test and visual
acuity test. Applicants in this Subparagraph are not eligible to apply for
remote renewal.
(5) Applicants with a driver's license issued
by another state, expired more than two years. Applicants shall complete the
full examination, to include the knowledge examination, road signs test, visual
acuity test, and road test. Applicants in this Subparagraph are not eligible
to apply for remote renewal.
History Note: Authority G.S. 20-2; 20‑7(a),(c),(f);
20-39; S.L. 2014-100, s. 34.8(a),34.8(b);
Eff. July 1, 1978;
Amended Eff. May 4, 2015; May 1, 2014; December 1, 1993;
July 1, 1982; June 5, 1981.
19A NCAC 03B .0202 MEDICAL CONDITION REFERRAL
19A NCAC 03B .0203 MEDICAL REVIEW BOARD
History Note: Authority G.S. 20‑1; 20‑9(a)
to (h); 20‑9(1) to (4); 20‑9(4)(a) to (h); 20‑15; 20‑17.1(a)
to (f); 111‑28;
Eff. July 1, 1978;
Repealed Eff. June 30, 1981.
SECTION .0300 ‑ MEDICAL EVALUATION
19A NCAC 03B .0301 ACUTE OR CHRONIC ILLNESSES
(a) Certain illnesses such as uncontrolled epilepsy,
diabetes, severe vision problems, certain forms of mental illness, alcoholism
and others, may make driving unadvisable either temporarily or permanently.
Drivers suffering from such an illness may be referred to the Division for
evaluation by any one of the following:
(1) driver license examiner,
(2) driver license hearing officer,
(3) driver education specialist,
(4) law enforcement officers,
(5) court officials,
(6) physicians,
(7) citizens.
(b) Reports of chronic illness will be evaluated by a
Division of Health Services physician and may be reviewed by a panel of
practicing physicians. The panel of physicians may recommend approval of the
subject's driving privilege, approval with restrictions or disapproval. A
driver receiving an unfavorable decision may appeal the decisions to the
Medical Review Board.
History Note: Authority G.S. 20‑1; 20‑9; 20‑17.1;
Eff. July 1, 1978;
Amended Eff. November 1, 1991; June 5, 1981.
19A NCAC 03B .0302 NEGLIGENT DRIVERS
19A NCAC 03B .0303 DRIVER IMPROVEMENT CLINIC
19A NCAC 03B .0304 MANDATORY SUSPENSION
19A NCAC 03B .0305 NONCOMPLIANCE
19A NCAC 03B .0306 CHEMICAL TEST REFUSAL
19A NCAC 03B .0307 REVOCATIONS
19A NCAC 03B .0308 DRIVING WHILE LICENSE REVOKED OR
SUSPENDED
19A NCAC 03B .0309 PREARRANGED SPEED COMPETITION
19A NCAC 03B .0310 WILLFUL SPEED COMPETITION
19A NCAC 03B .0311 MOTOR VEHICLE CONVICTION IN ANOTHER
STATE
19A NCAC 03B .0312 PRIVILEGE TO DRIVE
19A NCAC 03B .0313 LICENSE PICKED UP BY COURT
19A NCAC 03B .0314 APPEAL TO COURT
19A NCAC 03B .0315 RESTORATION FEE
19A NCAC 03B .0316 FORMS ON FILE
19A NCAC 03B .0317 HABITUAL OFFENDERS
History Note: Authority G.S. 20‑1; 20‑4; 20‑4.20;
20‑7; 20‑7(i)(l); 20‑9; 20‑16(a)(2); 20‑16(a)(4)
to (10); 20‑16(a)(7); 20‑16(a)(10a); 20‑16(a)(11); 20‑16(c);
20‑16(d); 20‑16.1; 20‑16.2; 20‑16.2(a)(1 to 4); 20‑16.2(b)
to (h); 20‑16.3; 20‑17.1; 20‑17(1) to (4),(6) to (8); 20‑19(d)
to (f); 20‑23; 20‑23.1; 20‑23.2; 20‑24; 20‑25; 20‑28;
20‑28.1; 20‑141.3(a),(b),(e); S.L. 1977, c. 243;
Eff. July 1, 1978;
Repealed Eff. June 30, 1981.
SECTION .0400 ‑ RECORDS
19A NCAC 03B .0401 CONVICTIONS REPORTED BY COURT
19A NCAC 03B .0402 OUT OF STATE VIOLATION
History Note: Authority G.S. 20‑1; 20‑24(a)
to (d); 20‑26(a);
Eff. July 1, 1978;
Repealed Eff. June 30, 1981.
19A NCAC 03B .0403 DRIVING RECORDS
North Carolina G.S. 20‑26(c) provides for copies of
driver license records to be furnished, upon prepayment of the appropriate fee,
to persons, firms or corporations for uses other than official. The record
check will contain only public information concerning the subject of the driver
license check. Collision reports are not public information and shall not be a
part of the driver license record check. Information on a specific collision
may be obtained from the Collision Reports/General Services Section of the
Division of Motor Vehicles, 1100 New Bern Avenue, Raleigh, North Carolina
27697.
History Note: Authority G.S. 20‑1; 20‑26(b),(c);
20-39;
Eff. July 1, 1978;
Amended Eff. December 1, 1993; November 1, 1991; July 1,
1982.
19A NCAC 03B .0404 RECORDS AVAILABLE TO PUBLIC
History Note: Authority G.S. 20‑1; 20‑27;
Eff. July 1, 1978;
Repealed Eff. June 30, 1981.
SECTION .0500 ‑ FORMS
19A NCAC 03B .0501 FORMS: DRIVER SERVICES SECTION
19A NCAC 03B .0502 FORMS ON FILE
History Note: Authority G.S. 20‑1; 20‑3;
Eff. July 1, 1978;
Repealed Eff. June 30, 1981.
SECTION .0600 ‑ CLASSIFIED DRIVERS' LICENSE
19A NCAC 03B .0601 GENERAL INFORMATION
Where provisions of this Section .0600 (Classified Drivers'
License) may be in conflict with the provisions of Section .0700 (Commercial
Drivers' License) or those of 19A NCAC 3J (Rules and Regulations Governing the
Licensing of Commercial Truck Driver Training Schools and Instructors), the
provisions of Section .0700 and those of 19A NCAC 3J will prevail.
History Note: Authority G.S. 20‑7; 20-39; S.L.
1979, c. 667, s. 40;
Eff. June 5, 1981;
Amended Eff. December 1, 1993; November 1, 1991.
19A NCAC 03B .0602 GROSS VEHICLE WEIGHT
(a) Gross vehicle weight shall be the actual weight of a
vehicle as may be determined by weighing the vehicle at a permanent weigh
station or by use of portable scales provided, however, that for the purposes
of Article 2 of G.S. 20 the registered weight of the vehicle shall be
considered the gross weight.
(b) Gross vehicle weight of motor vehicles bearing
permanent registration plates or other plates for which no weight is required
to be shown on the registration card shall be the actual scale weight of the
vehicle provided, however, for the purposes of Article 2 of G.S. 20 the gross
vehicle weight of any single motor vehicle so registered having three axles or
more and designed as a property hauling vehicle shall be deemed to be over
30,000 pounds.
(c) The gross vehicle weight of a towed vehicle shall be
the actual scale weight of the vehicle.
History Note: Authority 20-39; S.L. 1979, c. 667, s.
40;
Eff. June 5, 1981.
19A NCAC 03B .0603 COMPANY ADMINISTERED ROAD TEST AND
CERTIFICATION
For Class "A" or "B" driver's license:
(1) Companies desiring authorization to certify road
test for their employees must meet the following qualifications:
(a) Employees must be applicants for a Class
"A" or "B" license, either original or renewal.
(b) Company must make application to the
Division for company certification approval.
(c) Company must appoint a safety officer and an
examiner.
(d) Transporting people or property in a motor
vehicle must be an essential part of the company's operation.
(e) Company must operate motor vehicles of the
type requiring a Class "A" or "B" license.
(2) Companies approved for the program will be assigned
a certification number to be used on all certificates issued to their
employees. One number will be assigned to each company and this number is to be
used by the examiner at any of his companies' offices or terminals. The
company number as well as the signatures of the company safety officer and the
examiner must appear on the road test certificate. Each company shall report
to the Division, by the tenth of each month, all employees certified by their
examiner during the preceding month. Negative reports are not required.
(3) The duties and requirements of a company examiner
are as follows:
(a) The company examiner shall be a full‑time
employee.
(b) The examiner shall have a valid driver's
license of the class for which he conducts road tests.
(c) The examiner's application for certification
must be endorsed by the company safety officer and approved by the Division of
Motor Vehicles.
(d) The examiner must sign a statement attesting
to, or demonstrate to a designated Division of Motor Vehicles' official, his
ability to operate a motor vehicle of the type for which he is conducting road
tests.
(e) The examiner shall determine that the
applicant has a valid learner's permit of the proper class. Out‑of‑state
employees holding a valid license comparable to the type applied for do not
have to have a learner's permit.
(f) The examiner shall place the approval form
in a sealed envelope and instruct the applicant to deliver the envelope,
unopened, to a driver's license examining station within 30 days.
(4) An applicant whose license renewal card reflects a
driving record indicating the need for a road test may be certified by a
company examiner. Reflection of the need for a road test is indicated by an
asterisk (*), adjacent to the letters RT appearing on the renewal card.
(5) Any company road test certification inadvertently
issued to a person whose license is in a state of suspension or revocation
shall be returned to the Division of Motor Vehicles with a note of explanation
to the issuing company.
(6) Recertification is required when a company safety
officer or company examiner changes employment. The Division must be notified
within 15 days when either the safety officer or the examiner is terminated or
changes places of employment.
History Note: Authority G.S. 20‑7(c); 20-39;
Eff. June 5, 1981;
Amended Eff. December 1, 1993; July 1, 1981.
19A NCAC 03B .0604 DEFINITIONS
As used in this Section:
(1) "Company" means a corporation,
partnership, joint venture, sole proprietorship or a federal, state, county or
municipal agency. Schools as defined by this section are not companies.
(2) "Company Examiner" means a person
selected by a company and certified by the Division to administer road tests
for Class "A" or "B" license applicants.
(3) "Company Safety Officer" means the person
or persons selected by a company to supervise the company's examiners and be
responsible for the maintenance of records and submission of forms to the
Division.
(4) "Full‑time Employee" means a person
who works for a company a minimum average of 37 1/2 hours per week.
(5) "Student" means any individual who is
enrolled in a commercial driver training school or school on a full‑time
basis. The number of hours required to complete such school shall be at least
163 hours. Students may attend school on a part‑time basis to obtain the
necessary hours. Correspondence courses are not included in the number of
hours needed for the purpose of administering road tests.
History Note: Authority G.S. 20‑4.01; 20‑7(c);
20-321;
Eff. July 1, 1982;
Amended Eff. December 1, 1993.
19A NCAC 03B .0605 REQUEST FOR PROGRAM APPROVAL
19A NCAC 03B .0606 COMPANY CERTIFICATION CRITERIA
19A NCAC 03B .0607 COMPANY CERTIFICATION
History Note: Authority G.S. 20‑7(c);
Eff. July 1, 1982;
Repealed Eff. December 1, 1993.
19A NCAC 03B .0608 COMPANY ROAD TEST CERTIFICATE
The road test certificate must be on a form approved by the
Division (Form CL‑1).
History Note: Authority G.S. 20‑7(c); 20-39;
Eff. July 1, 1982;
Amended Eff. December 1, 1993.
19A NCAC 03B .0609 COMPANY OR EXAMINER CHANGE IN STATUS
When a company examiner or a company safety officer changes
employment, he must be recertified by the Division. If a company ceases
operation and reopens for business, the company must be recertified. If the
company or school's business address changes, it must be reinspected prior to
administering road tests.
History Note: Authority G.S. 20‑7(c); 20-39;
Eff. July 1, 1982;
Amended Eff. December 1, 1993.
19A NCAC 03B .0610 REPORTS BY COMPANY OR ITS EMPLOYEES
19A NCAC 03B .0611 COMPANY EXAMINER REQUIREMENTS AND DUTIES
History Note: Authority G.S. 20‑7(c);
Eff. July 1, 1982;
Repealed Eff. December 1, 1993.
19A NCAC 03B .0612 ROAD TESTING OF COMPANY EMPLOYEES FOR
CLASSIFIED LICENSE
(a) An employee for a company certified by this Section
applying for an original license must pass a road test in a vehicle of the same
class as the license for which he has applied. If the applicant has no
apparent health problems or physical disabilities, the driver license examiner
may allow the company examiner to administer the road test.
(b) If an asterisk (*) appears on the driver license
renewal application adjacent to the letters RT, the applicant may be required
to take a road test. The driver license examiner will determine if a road test
will be administered, the type vehicle to be used and whether he or the company
examiner will administer the road test.
(c) A company examiner may conduct road tests in vehicles
requiring a Class "A" or "B" license only. Applicants
given the road test by the company examiner must:
(1) be referred to the company by the driver
license examiner;
(2) have either a valid Class "A" or
"B" license or a Class "A" or "B" learner's
permit;
(3) be employed (either full‑time or part‑time)
by the company;
(4) be tested for either a Class "A"
or "B" license.
History Note: Authority G.S. 20‑7; 20-39; S.L.
1979, Ch. 667, s. 40;
Eff. July 1, 1982;
Amended Eff. December 1, 1993.
19A NCAC 03B .0613 REVOCATION OR SUSPENSION OF A COMPANY OR
COMPANY EXAMINERS
If any company, company safety officer or company examiner
is alleged to be in violation of any provision of these Rules, the company,
safety officer or examiner shall be notified by registered or certified mail
(addressee only) setting forth the alleged violation. The company, through its
owner or an officer, may request in writing a hearing. This request must be
made within ten days of receipt of the registered or certified letter. The
hearing shall be conducted by a Division official designated by the
commissioner. The company may be represented by counsel. Upon completion of
the hearing, the Division shall notify the company within ten days of the
decision of the Division official as to suspension, revocation or other action.
This decision may be appealed as provided by G.S. 150B. Recertification will be
required if any company or company examiner's certification is revoked or
cancelled.
History Note: Authority G.S. 20‑7(c); 20-322;
Eff. July 1, 1982;
Amended Eff. December 1, 1993.
19A NCAC 03B .0614 APPLICATION FOR COMMERCIAL SCHOOL OR
COMMUNITY COLLEGE
Commercial driver training schools or community colleges
wishing to certify that their students are qualified to operate vehicles in
either Class "A" or "B" category must be approved by the
Division for that purpose. Certification may be requested by submitting forms
numbered CL‑2, CL‑2A, and an Application for Commercial Driver
Training School certification.
If the school or community college is approved, it must
designate a person responsible for the Classified Driver License Program. If
the school or community college is notified that it has been disapproved, it
may request an administrative hearing to review the decision. The request must
be made in writing to the Driver License Section of the Division of Motor
Vehicles in Raleigh within ten days of the notification.
History Note: Authority G.S. 20‑7; 20-39; 20-321;
S.L. 1979, Ch. 667, s. 40;
Eff. July 1, 1982.
19A NCAC 03B .0615 CRITERIA: COMMERCIAL SCHOOL OR COMMUNITY
COLLEGE APPROVAL
A commercial driver training school or community college
which applies for the authority to administer road tests and certify that its
students are qualified to drive the type vehicle in either Class "A"
or "B" category must:
(1) make application to the Division for a license;
(2) have students who are applicants for either Class
"A" or "B" license;
(3) appoint a school safety officer and an examiner;
(4) own, rent, or lease vehicles that require Class
"A" or "B" license to be operated in North Carolina;
(5) road test only students enrolled in the school on a
full‑time basis or enrolled in the full‑time course on a part‑time
basis (This does not include correspondence courses.);
(6) require all instructors to be licensed by the
School Bus and Traffic Safety Section of the Division of Motor Vehicles before
applying for a license as a school examiner;
(7) have teaching facilities adequately designed to
conduct classes as outlined in 19A NCAC 3I (Rules and Regulations Governing the
Licensing of Commercial Driver Training Schools and Instruction).
History Note: Authority G.S. 20‑7; 20-321; S.L.
1979, Ch. 667, s. 40;
Eff. July 1, 1982;
Amended Eff. December 1, 1993.
19A NCAC 03B .0616 APPROVAL: COMMERCIAL SCHOOL: COMMUNITY
COLLEGE INSTRUCTORS
An instructor at a commercial driver training school must:
(1) be a full‑time employee;
(2) have a valid driver's license of the class for
which he wishes to conduct road tests;
(3) have his application for a license endorsed by the
school safety officer and approved by the Division. Form CL‑3, Form 3A,
and a Classified Driver License Commercial School Instructor Application must
be completed;
(4) sign a statement attesting to or demonstrate to a
designated Division official his ability to operate a motor vehicle of the
class for which he is conducting road tests;
(5) sign a statement that specifies his responsibility
as school examiner and adherence to the rules that govern the Classified Driver
License Program.
History Note: Authority G.S. 20‑7; 20-39; 20-321;
20-323; S.L. 1979, Ch. 667, s. 40;
Eff. July 1, 1982;
Amended Eff. December 1, 1993.
19A NCAC 03B .0617 COMMERCIAL SCHOOL: EMPLOYEE
RECERTIFICATION REQUIREMENTS
If an instructor at a commercial driver training school
resigns, transfers, changes employment or is terminated, the school must notify
the Division within 15 days. If a school instructor changes employment or has
his license revoked or cancelled, he must apply for a new license.
Certification of a safety officer or examiner cannot be transferred to another
person. If a commercial school ceases operation, it must apply for a new
license prior to resuming operation.
History Note: Authority G.S. 20‑7; 20-321; S.L.
1979, Ch. 667, s. 40;
Eff. July 1, 1982;
Amended Eff. December 1, 1993.
19A NCAC 03B .0618 ADVERTISING BY SCHOOLS
A commercial driver training school may advertise by any
method or medium except:
(1) No advertisement shall show a telephone number for
a school unless it also shows a valid address for the principal place of business
of the school.
(2) No advertisement shall indicate in any way that a
school can or will issue or guarantee the issuance of a driver's license or
imply that preferential or advantageous treatment from the Division can be
obtained.
(3) A school may state in an advertisement that it has
been approved and licensed by the Division.
History Note: Authority G.S. 20‑322 through 20‑324;
Eff. July 1, 1982.
19A NCAC 03B .0619 INSPECTION OF SCHOOLS
The Division shall make periodic inspections (at least
annually) of schools and branches to determine compliance with laws and rules
of the Driver License Program. The inspection shall be made during regular business
hours by authorized representatives of the Division. Authorized
representatives of the Division for this purpose are the classified driver
license administrative officer, zone chiefs, district supervisors and assistant
district supervisors. Inspections shall include examination of all school
records including student files and contracts, classroom facilities, training
devices, instructional materials, vehicles, and any other items required by
law, or rule, or considered appropriate for inspection by the representative
(Form TSE‑604). Each owner, partner, associate, corporate officer, or
employee of any commercial driver training school shall cooperate with the
Division's representative and, upon demand, shall furnish all records,
instructional aids and equipment, and any other items which are required for
the inspection. Refusal to permit inspections may result in the revocation of
the license.
History Note: Authority G.S. 20‑321 through 20‑324;
Eff. July 1, 1982;
Amended Eff. December 1, 1993.
19A NCAC 03B .0620 GROUNDS FOR REVOCATION OR DENIAL/CERT.
OF A CO./LICENSING OF A SCHOOL
(a) A company certification may be suspended or denied for
the following reasons:
(1) Company has no employees (cannot certify
yourself);
(2) Company has no training program or no
driver selection program;
(3) Company refuses to maintain or fails to
submit proper records required by the Division;
(4) Company refuses to permit an authorized
representative of the Division to conduct inspection of equipment or records;
(5) Company allows unauthorized personnel to
conduct road tests;
(6) Company not engaged in a business in which
the transportation of persons or property is an essential part of its
operation;
(7) Company does not own, lease or rent
equipment, for its own use, that requires either a Class "A" or
"B" license;
(8) Company allows employee or school allows
student to be certified knowing the driver is not qualified to operate vehicle
requiring either Class "A" or "B" license;
(9) Company allows driver not employed by the
company to be certified;
(10) Company fails to report termination or
transfer of employee within the required 15 days.
(b) A school license may be suspended or denied for the
following reasons:
(1) School refuses to maintain or fails to
submit proper records required by the Division;
(2) School refuses to permit an authorized
representative of the Division to conduct inspection of equipment or records;
(3) School allows unauthorized personnel to
conduct road tests;
(4) School does not own, lease or rent
equipment, for its own use, that required either a Class "A" or
"B" license;
(5) School allows person not enrolled as
student to be certified;
(6) School fails to report termination or
transfer of employee within the required 15 days.
History Note: Authority G.S. 20‑7; 20-321; S.L.
1979, Ch. 667, s. 40;
Eff. July 1, 1982;
Amended Eff. January 1, 1994.
19A NCAC 03B .0621 DENIAL/REVOCATION: COMPANY EXAMINER:
SCHOOL INSTRUCTOR
A company examiner's certification or a school instructor's
license may be revoked or denied if he:
(1) is not properly licensed in North Carolina (he must
have and maintain a valid North Carolina Class "A" or "B"
license for the class vehicles for which he wishes to be certified to
administer road tests);
(2) holds more than one license issued by more than one
state unless it has been approved by the Division;
(3) has had cancellation, revocation, suspension or
denial of a license in North Carolina or any other state in the past five years
(this does not include voluntary surrender);
(4) has more than three convictions of moving
violations, bond forfeitures or PJC's (prayer for judgement continued) in the
previous four years;
(5) has been convicted of driving under the influence
of alcoholic beverages or drugs, driving with a blood alcohol content of 0.10
percent or more by weight, or reckless driving within the previous five years;
(6) has a physical impairment that in the judgement of
the Division would impair his ability to safely operate a motor vehicle of the
class required to certify others;
(7) is not a full‑time employee;
(8) has been convicted of authorizing, or knowingly
permitting, a motor vehicle owned by him or under his control to be driven by
any person who has no legal right to do so;
(9) signs a road test certificate without observing the
road test;
(10) signs a road test certificate for anyone not
employed by the company for which he has been certified to administer road
tests or enrolled as a student in the school for which he has been certified to
administer road tests;
(11) has not been recommended by his company to serve as
company examiner;
(12) cannot sign an affidavit of driving experience or
cannot pass road test;
(13) falsifies an application and/or affidavit; or
(14) for any reason the Division deems to be in the best
interest of the State.
History Note: Authority G.S. 20‑7; 20-321; S.L.
1979, Ch. 667, s. 40;
Eff. July 1, 1982;
Amended Eff. January 1, 1994.
SECTION .0700 ‑ COMMERCIAL DRIVERS' LICENSE
19A NCAC 03B .0701 GENERAL INFORMATION
(a) The purpose of the rules in this Section is to
establish policies and procedures to permit persons other than employees of the
North Carolina Division of Motor Vehicles to conduct the skills test required
of commercial driver license applicants.
(b) Authority to administer skills tests will be granted
only to Third Party Testers under agreement with the North Carolina Division of
Motor Vehicles and utilizing Third Party Examiners recognized and deemed
qualified by the North Carolina Division of Motor Vehicles.
History Note: Authority G.S. 20‑37.22;
Eff. September 1, 1990;
Amended Eff. December 1, 1993.
19A NCAC 03B .0702 DEFINITIONS
The following words and terms, when used in these
requirements, shall have the following meaning:
(1) "Division" ‑ The North Carolina
Division of Motor Vehicles.
(2) "Commissioner" ‑ The North Carolina
Commissioner of Motor Vehicles.
(3) "CDL" ‑ Commercial Drivers License.
(4) "FHWA" ‑ Federal Highway
Administration.
(5) "FMCSR" ‑ The Federal Motor Carrier
Safety Regulations promulgated by the U.S. Department of Transportation.
(6) "Approved Testing Program" ‑ The
skills tests required by the Division which shall be administered by a Third
Party Tester.
(7) "Tester Certificate" ‑ The document
issued to a Third Party Tester authorizing them to administer the approved
testing program on behalf of the Division.
(8) "Third Party Tester" ‑ A government
entity, association, educational institution or business entity engaged in the
use of commercial motor vehicles, licensed by the Division to administer the
approved testing program for CDL applicants in accordance with these
requirements.
(9) "Third Party Examiner" ‑ An
individual who is a payroll employee of a Third Party Tester and who has been
issued an examiner certificate to conduct the skills tests required for a CDL.
History Note: Authority G.S. 20‑37.22;
Eff. September 1, 1990.
19A NCAC 03B .0703 REQUIREMENTS FOR THIRD PARTY TESTERS
(a) To be certified as a Third Party Tester a person must:
(1) Make application to and enter into an
agreement with the Division as provided in Rule .0706 of this Section.
(2) Maintain a place of business with at least
one permanent regularly occupied structure within the state of North Carolina.
(3) Ensure its place of business meets all
requirements of state law and local ordinances.
(4) Have at least one qualified and approved
Third Party Examiner in its employ.
(5) Allow FHWA, its representative(s), and the
Division to conduct random examinations, inspections and audits without prior
notice.
(6) Allow the Division to conduct periodic, but
at least annual on‑site inspections.
(7) Maintain at each third party testing
location, for a minimum of two years, a record of each driver for whom the
Third Party Tester conducts a skills test, whether or not the driver passes or
fails the test. Each such record shall include:
(A) The complete name and address of the driver;
(B) The driver's social security number, driver's
license number and the name of the state or jurisdiction that issued the
license held by the driver at the time of the test;
(C) The date the driver took the skills test;
(D) The test score sheet(s) showing the results of the
test;
(E) The name and identification number of the Third
Party Examiner conducting the skills test;
(F) The record of all receipts and disbursements;
(G) The make, model and registration number of the
commercial motor vehicle(s) used to conduct the testing; and
(H) The written contract (copy), if applicable, with any
person or group of persons being tested.
(8) Maintain at each approved testing location,
a record of each Third Party Examiner in the employ of the Third Party Tester
at that location. Each record shall include:
(A) A valid Examiner Certificate indicating the Examiner
at that location;
(B) A copy of the Third Party Examiner's current
driving record, which must be updated annually; and
(C) Evidence that the Third Party Examiner is a payroll
employee of the Third Party Tester.
(9) Retain all Third Party Examiner records for
at least two years after the Third Party Examiner leaves the employ of the
Third Party Tester.
(10) Ensure that the skills tests are conducted
in accordance with the requirements of this Section.
(11) Provide documented proof (using a form
provided by the Division) to each driver applicant who takes and passes the
required skills tests. The driver applicant in turn will present the form to the
Division as evidence that they successfully passed the driving tests
administered by the Third Party.
(12) To maintain certification the Third Party
Tester must administer skills tests to a minimum of five different driver
applicants annually in accordance with the requirements of this Section.
(b) In addition to the requirements listed in Paragraph (a)
of this Rule, all Third Party Testers who are not governmental entities or
associations must:
(1) Truck and Bus Companies:
(A) Employ at least 25 North Carolina licensed drivers
(full‑time, part‑time, or seasonal) of commercial motor vehicles.
(B) Employ an individual who would be responsible for
the organization's third party testing operation.
(C) Have been in operation in North Carolina a minimum
of six months. (If in operation less than six months under current company
name, identify previous company name(s) to cover the six month period.)
(2) Educational Institutions:
(A) Have an established commercial motor vehicle
training program.
(B) Have been in operation in North Carolina a minimum
of six months.
History Note: Authority G.S. 20-37.13; 20‑37.22;
Eff. September 1, 1990;
Amended Eff. August 1, 1994; December 1, 1993.
19A NCAC 03B .0704 REQUIREMENTS FOR THIRD PARTY EXAMINERS
(a) Third Party Examiners may conduct skills tests on
behalf of only one Third Party Tester at any given time. If a Third Party
Examiner leaves the employ of a Third Party Tester he/she must reapply in order
to conduct tests on behalf of a new Third Party Tester.
(b) To qualify as a Third Party Examiner, an individual
must:
(1) Make application on a form provided by the
Division;
(2) Be a payroll employee of the Third Party
Tester;
(3) Possess a valid North Carolina Driver's
License with classification and endorsements required for operation of the
class and type of commercial motor vehicle used in the skills tests conducted
by the Examiner; and
(4) Have successfully completed the CDL
Examiner Training Course conducted by the Division. Persons who were certified
as Third Party Examiners prior to August 1, 1994 who did not successfully
complete the CDL Examiner Training Course conducted by the Division must
successfully complete that course prior to January 1, 1995 to maintain
certification as Third Party Examiners. At a minimum upon completion of the
training the Third Party Examiner shall have acquired and demonstrated the
following knowledge and skills:
(A) A comprehensive understanding of North Carolina
G.S., Chapter 20 Article 2C and the rules adopted pursuant thereto;
(B) A working knowledge of the CDL testing procedures
and forms;
(C) Ability to administer and score correctly each of
the CDL skills test; and
(D) Knowledge of testing site and route requirements.
(5) Take part in all Division required advanced
training courses, workshops and seminars;
(6) Within ten years prior to application have
had no convictions for Driving While Impaired (DWI);
(7) Within five years prior to application have
had no driver's license suspensions, revocations, cancellations or
disqualifications;
(8) Be at least 21 years of age;
(9) Conduct skills tests on behalf of the Third
Party Tester, in accordance with these Rules and in accordance with current
instructions provided by the Division.
History Note: Authority G.S. 20-37.13; 20‑37.22;
Eff. September 1, 1990;
Amended Eff. August 1, 1994; December 1, 1993.
19A NCAC 03B .0705 CERTIFICATES
(a) A certificate will be issued allowing the Third Party
Tester to operate an approved testing program to give skills tests to
applicants for a CDL.
(b) An examiner certificate will be issued to qualified
employees of the Third Party Tester.
(c) A copy of the Examiner's Certificate must be displayed
in the office of the Third Party Tester.
(d) The certificate issued by the Division to operate a
Third Party Testing Program will be effective on the date of issuance and shall
be prominently displayed in the place of business of the Third Party Tester
until cancelled or revoked.
(e) The Examiner's certificate will be effective on the
date of issuance and remain in effect unless the Examiner must surrender the
certificate to the Division when that Examiner becomes inactive or, until the
certificate has been revoked or cancelled by the Division.
(f) A certificate to operate a Third Party Testing program
shall be non‑transferable.
History Note: Authority G.S. 20‑37.22;
Eff. September 1, 1990.
19A NCAC 03B .0706 APPLICATION FOR THIRD PARTY TESTER
CERTIFICATION
(a) Before any certificate is issued, an application shall
be made in writing to the Division on a form prepared and furnished by the
Division. The application shall include the following:
(1) The official name, address, and telephone
number of the principal office or headquarters.
(2) Name, title, address and telephone number
of the individual who has been designated the applicant's contact person.
(3) Description of the type of organization
that is applying (governmental entity, association, motor carrier, educational
institution), as well as the length of time they have been in business in North
Carolina, if applicable.
(4) A description of the vehicle fleet owned or
leased by the applicant, including a complete equipment roster as listed for
insurance purposes.
(5) The class of testing for which the
applicant is applying.
(6) The total number of North Carolina licensed
drivers employed to operate commercial motor vehicles, and the number of such
drivers who are full‑time, part‑time, and seasonal.
(7) Name, driver's license number, social
security number and home address of those payroll employee(s) who wish to be
approved as Third Party Examiners.
(8) Proof the Third Party Tester meets the
insurance requirements as stated in Rule .0714 (a) ‑ (d).
(9) The address of each North Carolina location
where the applicant intends to conduct the skills tests as well as a
description of the off‑road facilities including a map, drawing or written
description of the road test route that will be used for the on‑road
portion of the skills test.
(b) Educational Institutions must submit with their
application a description of their facilities, equipment and training
curriculum. The number of applications for the previous year and the percent
graduated must also be included.
(c) An applicant for a certificate shall also execute an
agreement form provided by the Division in which the applicant agrees, at a
minimum, to comply with the requirements and instructions of the Division for
Third Party Tester, including audit procedures, and agrees to hold the Division
harmless from liability resulting from the Third Party Tester's administration
of its CDL Skills Test Program.
History Note: Authority G.S. 20‑37.22;
Eff. September 1, 1990;
Amended Eff. December 1, 1993.
19A NCAC 03B .0707 APPLICATION FOR THIRD PARTY EXAMINER
CERTIFICATION
Application for an Examiner Certificate shall be made on a
form supplied by the Division. The form shall require at least the following
information:
(1) Full name, home and business addresses and
telephone numbers;
(2) Driving history, including class of current license
and any endorsements, and restrictions;
(3) Name, address and telephone number of the
applicant's employer who has applied for or received a certificate as a Third
Party Tester; and
(4) Employer's recommendation of the applicant for and
examiner certificate, as well as proof that the applicant is a payroll
employee.
History Note: Authority G.S. 20‑37.22;
Eff. September 1, 1990.
19A NCAC 03B .0708 ADVERTISING
(a) No advertising shall indicate in any way that a program
can issue or guarantee the issuance of a commercial driver's license, or imply
that the program can in any way influence the Division in the issuance of a commercial
driver's license or imply that preferential or advantageous treatment from the
Division can be obtained.
(b) No advertising shall show a telephone number unless it
also shows a valid address for the principal place of business for the Third
Party Tester.
(c) Third Party Tester may state in advertising that it has
been approved and certified by the Division.
History Note: Authority G.S. 20‑37.22;
Eff. September 1, 1990.
19A NCAC 03B .0709 ON‑SITE INSPECTIONS AND AUDITS
(a) All applicants for a Third Party Tester Certificate
shall permit the FHWA or the Division to inspect and audit its operations,
facilities and records as they relate to its Third Party Testing program, for
the purpose of determining whether the applicant is qualified to be certified.
(b) Third Party Testers who have been certified shall
permit the Division or FHWA to periodically inspect and audit its Third Party
Testing program to determine whether it remains in compliance with the
certification requirements.
(c) The Division and FHWA will perform inspections and
audits with or without prior notice to the Third Party Tester.
(d) Inspections and audits will include, at a minimum, an
examination of:
(1) Records relating to Third Party Testing
program;
(2) Evidence of compliance with the FMCSR's;
(3) Skills testing procedures practices and
operations;
(4) Vehicles used for testing;
(5) Qualifications of Third Party Examiners;
(6) Effectiveness of the skills test program by
either testing a sample of drivers who have been issued skills test
certificates by the Third Party Tester or having Division employees take the
skills tests from a Third Party Examiner; and
(7) Any other aspect of the Third Party Tester's
operation that the Division determines is necessary to verify that the Third
Party Tester meets the requirements for the certification.
(e) The Division will prepare a written report of each
inspection and audit report of the results of each inspection and audit. A
copy of the report will be provided to the Third Party Tester.
History Note: Authority G.S. 20‑37.22;
Eff. September 1, 1990;
Amended Eff. December 1, 1993.
19A NCAC 03B .0710 NOTIFICATION REQUIREMENTS
(a) Third Party Tester must:
(1) Notify the Division in writing 30 days
prior to any change in the Third Party Tester's name or address.
(2) Notify the Division in writing within ten
days of any change in:
(A) The Third Party Examiners who are employed by the
Third Party Tester; and
(B) The driving status of any Third Party Examiner.
(3) Notify the Division in writing within ten
days of any of the following occurrences:
(A) The Third Party Tester ceases business operations in
North Carolina.
(B) The Third Party Tester fails to comply with any of
these Division requirements.
(C) Any Third Party Examiner receives notice from the
Division of their license suspension, revocation, disqualification, or
cancellations or DWI conviction.
(D) Any Third Party Examiner fails to comply with any of
these Division requirements.
(4) Be recertified if a Third Party Tester
ceases operation and reopens for business.
(5) Be reinspected prior to administering road
tests if a Third Party Tester's business address changes.
(6) Request and obtain approval from the
Division of any proposed changes in the skills test route, test content, or
examiner/administrative procedures.
(b) Third Party Examiners shall notify the Division within
ten days of leaving the employ of the Third Party Tester and must be
recertified by the Division before testing elsewhere.
History Note: Authority G.S. 20‑37.22;
Eff. September 1, 1990.
19A NCAC 03B .0711 EVALUATION OF APPLICANTS BY THE DIVISION
(a) The Division will evaluate the materials submitted by
the Third Party Tester applicant, and if the application materials are
satisfactory, the Division may schedule an on‑site inspection and audit
of the applicant's Third Party Testing Program to complete the evaluation.
(b) The Division will evaluate the materials submitted by
the Third Party Examiner applicant including the applicant's driving record,
qualification questionnaire, and certificate of training.
History Note: Authority G.S. 20‑37.22;
Eff. September 1, 1990.
19A NCAC 03B .0712 CERTIFICATION BY THE DIVISION
(a) Upon successful application and evaluation, a Third
Party Tester will be issued a certificate which must be prominently displayed
at the approved testing facility giving them the authority to administer a
Third Party Testing program for the classes and types of vehicles listed.
(b) Upon successful application, evaluation and training, a
Third Party Examiner will be issued a certificate which must be prominently
displayed at the approved testing facility giving him/her the authority to
conduct skills tests for the classes and types of commercial motor vehicles
listed.
(c) Certificates will remain valid until canceled by the
Division or voluntarily relinquished by the Third Party Tester or Examiner.
History Note: Authority G.S. 20‑37.22;
Eff. September 1, 1990.
19A NCAC 03B .0713 PROFESSIONAL CONDUCT
(a) No examiner, employee, or agent of the Third Party
Tester will be permitted to accompany any Commercial Driver License applicant
into any examining office rented, leased, or owned by the Division for the purpose
of taking a written or skills test driver examination given by the Division.
(b) No examiner, employee, or agent of the Third Party
Tester will be permitted to personally solicit any individual on the premises
rented, leased, or owned by the Division for the purpose of enrolling that
individual in any Third Party Testing program.
History Note: Authority G.S. 20‑37.22;
Eff. September 1, 1990.
19A NCAC 03B .0714 INSURANCE REQUIREMENTS
(a) All Third Party Testers shall maintain bodily injury
and property damage liability insurance on motor vehicles used in driving
tests, insuring the liability of the testing program, the Examiner and any
person taking tests in the amount required by state law.
(b) Evidence of such insurance coverage, in the form of a
certificate from the insurance carrier, shall be filed by the Tester with the
Division. The certificate shall stipulate that the insurance contract carried
by the Tester provides for cancellation only upon 30 days prior written notice
to the Division. The certificate shall include the make, model, year and motor
or serial number of every vehicle covered by the policy.
(c) When a vehicle is added to, exchanged or deleted from
coverage under a fleet insurance plan, the Third Party Tester shall provide the
Division a copy of a policy rider issued by the insurance carrier showing the
addition or exchange, with complete descriptions of the vehicles involved.
(d) If the Third Party Tester is self‑insured, an
appropriate certificate shall be filed with the Division.
History Note: Authority G.S. 20‑37.22;
Eff. September 1, 1990.
19A NCAC 03B .0715 TEST ADMINISTRATION
(a) Skills tests shall be conducted strictly in accordance
with the provisions of these requirements and with current test instructions
provided by the Division. Such instructions may include information on skills test
content, route selection/revision, test forms, examiner procedures, and
administrative procedures and/or changes.
(b) Skills test shall be conducted:
(1) On test routes approved by the Division.
(2) In a vehicle that is representative of the
class and type of vehicle for which the CDL applicant seeks to be licensed and
for which the Third Party Examiner is qualified to test.
(3) Using Division approved content, forms, and
scoring procedures.
History Note: Authority G.S. 20‑37.22;
Eff. September 1, 1990.
19A NCAC 03B .0716 DENIAL/TERMINATION OF THIRD PARTY
TESTING PROGRAM/CERTIFICATION
(a) The Division may deny any application for a Third Party
Tester or Examiner's Certificate, if the applicant does not qualify for the
certificate under provisions of these Rules. Misstatements or misrepresentation
may be grounds for denying a certificate.
(b) Any Third Party Tester or Examiner may relinquish
certification upon 30 days notice to the Division.
(c) The Division may revoke the certificate of a Third Party
Tester or Examiner upon the following grounds:
(1) Failure to comply with or satisfy any of
the provisions of these Rules, the Division instructions or the Third Party
Tester Agreement;
(2) Falsification of any record or information
relating to the Third Party Testing program;
(3) Commission of any act which compromises the
integrity of the Third Party Testing program;
(4) For Third Party Examiner: driver license
suspension, revocation, cancellation, or disqualifications; and
(5) For Third Party Examiner: conviction of
driving while impaired (DWI);
(6) Possessing more than one license;
(7) Having a physical impairment that in the
judgment of the Division would impair his ability to safely operate a motor
vehicle of the class required to certify others.
(d) If the Division determines that grounds for
cancellation exist for failure to comply with these Rules or the Third Party
Tester Agreement, the Division may postpone cancellation and allow the Third
Party Tester or Examiner 30 days to correct the deficiency.
(e) If Third Party Examiner or Tester is alleged to be in
violation of any provisions of these Rules, the Examiner or Tester:
(1) Shall be notified by registered or
certified mail;
(2) May request a hearing. The request must be
within ten days of receipt of the registered or certified letter; and
(3) May be represented by counsel.
(f) Upon completion of the hearing, the Division shall
notify the Third Party Tester or Examiner within ten days of its decision which
may be appealed.
(g) Recertification will be required if any Third Party
Tester or Examiner, or Third Party Tester's or Examiner's certification is
revoked or cancelled.
History Note: Authority G.S. 20‑37.22;
Eff. September 1, 1990;
Amended Eff. December 1, 1993.
SECTION .0800 - GROSS VEHICLE WEIGHT RATING (GVWR)
19A NCAC 03B .0801 DEFINITION
The value specified by the manufacturer as the maximum
loaded weight of a vehicle. The GVWR of a combination vehicle is the GVWR of
the power unit plus the GVWR of the towed unit or units. In the absence of
the manufacturer's GVWR label affixed to the vehicle, the registered weight or
the actual weight, whichever is greater, shall be the GVWR.
History Note: Authority G.S. 20‑37.22;
Eff. July 1, 1992.
