North Carolina § 143B-346 - Department of Transportation - purpose and functions.

§ 143B-346. Department of Transportation - purpose and functions.

The general purpose of the Department of Transportation is to provide for the necessary planning, construction, maintenance, and operation of an integrated statewide transportation system for the economical and safe transportation of people and goods as provided for by law. The Department shall also provide and maintain an accurate register of transportation vehicles as provided by statutes, and the Department shall enforce the laws of this State relating to transportation safety assigned to the Department. The Department of Transportation shall be responsible for all of the transportation functions of the executive branch of the State as provided by law except those functions delegated to the Utilities Commission and the Commissioners of Navigation and Pilotage as provided for by Chapter 76 . The major transportation functions include aeronautics, highways, mass transportation, motor vehicles, and transportation safety as provided for by State law. The Department of Transportation shall succeed to all functions vested in the Board of Transportation and the Department of Motor Vehicles on July 1, 1977. History (1975, c. 716, s. 1; 1977, c. 464, s. 2; 2011-145, s. 14.6 (e).) Editor's Note. - Session Laws 2013-360, s. 34.27, as amended by Session Laws 2014-100, s. 34.24(a), provides: "The Department of Transportation may engage the services of private counsel with the pertinent expertise to provide legal services related to transportation projects undertaken by the Department. The Department shall supervise and manage the private counsel engaged under this section and shall not be required to obtain written permission or approval from the Attorney General under G.S. 114-2.3." Session Laws 2015-241, s. 29.8(a) effective July 1, 2015, repealed Session Laws 2013-360, s. 34.27, as amended by Session Laws 2014-100, s. 34.24(a). Session Laws 2013-360, s. 1.1, provides: "This act shall be known as the 'Current Operations and Capital Improvements Appropriations Act of 2013.'" Session Laws 2013-360, s. 38.2, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2013-2015 fiscal biennium, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2013-2015 fiscal biennium." Session Laws 2013-360, s. 38.5, is a severability clause. Session Laws 2013-360, s. 34.28, provides: "The Department of Transportation and the Department of Public Safety shall not transfer any personnel or functions of the License & Theft Bureau of the Department of Transportation's Division of Motor Vehicles or enter into any agreement regarding transfer of personnel or functions of the License & Theft Bureau until passage of an act of the General Assembly authorizing the transfer." Session Laws 2014-100, s. 34.24(b) and (c), provides: "(b) It is the intent of the General Assembly that the Department of Transportation exercise the authority granted by subsection (a) of this section to maximize operational and project delivery benefits attributed to the avoidance or successful defense of litigation. To accomplish this intent, the Department is directed to increase its utilization of external counsel to no less than ten percent (10%) of new cases arising during the 2014-2015 fiscal year, increasing to no less than twenty percent (20%) of new cases arising during the 2015-2016 fiscal year. "(c) The Department shall develop performance metrics to evaluate its utilization of in-house and outside counsel, to include the following: "(1) A summary of new matters opened by legal area. "(2) Case cycle times. "(3) Resolution of cases. "(4) A comparison of in-house costs to billable rates for external counsel. "(5) The process for procurement for legal services. "The Department shall report no later than January 1, 2015, and quarterly thereafter, to the Joint Legislative Transportation Oversight Committee and the Joint Legislative Justice and Public Safety Oversight Committee regarding the performance metrics set forth in this subsection." Session Laws 2015-241, s. 29.8(b) effective July 1, 2015, repealed Session Laws 2014-100, s. 34.24(b) and (c). Session Laws 2014-100, s. 1.1, provides: "This act shall be known as 'The Current Operations and Capital Improvements Appropriations Act of 2014.'" Session Laws 2014-100, s. 38.4, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2014-2015 fiscal year, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2014-2015 fiscal year." Session Laws 2014-100, s. 38.7, is a severability clause. Session Laws 2015-45, ss. 1-4, provides: "Section 1. Study. - The Department of Transportation shall study the bicycle safety laws in this State. The study shall focus on what statutory revisions, if any, are needed to better ensure the safety of bicyclists and motorists. In doing so, the Department shall consider at least all of the following: "(1) How faster-moving vehicles may safely overtake bicycles on roadways where sight distance may be inhibited. "(2) Whether bicyclists on a roadway should be required to ride single file or allowed to ride two or more abreast. "(3) Whether bicyclists should be required to carry a form of identification. (4) Any other issues determined relevant by the Department. "Section 2. Working Group. - In conducting the study required by this act, the Department shall convene a working group of interested parties knowledgeable and interested in the bicycle safety laws of this State. The working group shall include all of the following: "(1) A law enforcement officer. "(2) A representative from the bicycling industry. "(3) A representative from the agricultural industry. "(4) A representative from the trucking industry. "(5) A representative from county government, who may be a county law enforcement officer. "(6) A representative from municipal government, who may be a municipal law enforcement officer. "(7) A representative from the University of North Carolina Highway Safety Research Center. "(8) A minimum of two staff representatives from the Department. "(9) Any other expert or stakeholder the Department or working group determines may assist the Department in completing the study required by this act. "The Department shall designate the members listed in subdivisions (1) through (8) of this section, and the working group shall subsequently select a chair and designate the remaining members of the working group authorized under subdivision (9) of this section. In designating additional members, the working group shall ensure that membership composition includes representation of different operator and geographical perspectives. "Section 3. Maximum Number of Working Group Members. - The total number of members of the working group convened under Section 2 of this act shall not exceed 12 members. "Section 4. Report and Recommendations. - The Department shall report its findings and recommendations, including any legislative proposals, to the Joint Legislative Transportation Oversight Committee on or before December 31, 2015." Session Laws 2015-45, s. 5 provided the act was effective June 2, 2015, without a termination provision. Session Laws 2018-136, 3rd Ex. Sess., s. 1.1, provides: "This act shall be known as '2018 Hurricane Florence Disaster Recovery Act."' Session Laws 2018-136, s. 5.15, provides: "The Department of Transportation shall report within 30 days of the end of each calendar quarter to the Office of Recovery and Resiliency in the Department of Public Safety on the use of the funds allocated from the Hurricane Florence Disaster Recovery Fund and all matching funds received from the federal government. The report shall contain all of the following information itemized by DOT Highway Division and county: "(1) Project scope and ranking by priority; total cost; amount spent (federal and state); project status including percentage complete and timeline; the responsible entity, including names of private contractors; and any issues encountered with overall project management and delivery. "(2) The cash balance of the fund, the amount of funds expended, encumbered, and unencumbered." Effect of Amendments. - Session Laws 2011-145, s. 14.6(e), effective July 1, 2011, deleted "the State Ports Authority" following "Utilities Commission" in the third sentence. Legal Periodicals. - For survey of 1984 administrative law, "A Declining Role for the Attorney General," see 63 N.C.L. Rev. 1051 (1985).