North Carolina § 20-16 - Authority of Division to suspend license.

§ 20-16. Authority of Division to suspend license.

The Division shall have authority to suspend the license of any operator with or without a preliminary hearing upon a showing by its records or other satisfactory evidence that the licensee: through (4) Repealed by Session Laws 1979, c. 36; Has been convicted of impaired instruction under G.S. 20-12.1; Has violated on a military installation a regulation of that installation prohibiting conduct substantially similar to conduct that constitutes impaired driving under G.S. 20-138.1 and, as a result of that violation, has had his privilege to drive on that installation revoked or suspended after an administrative hearing authorized by the commanding officer of the installation and that commanding officer has general court martial jurisdiction; Has been convicted of operating a motor vehicle at a speed in excess of 80 miles per hour on a public highway where the maximum speed is 70 miles per hour; or Pending an appeal from a conviction of any violation of the motor vehicle laws of this State, no driver's license shall be suspended by the Division of Motor Vehicles because of such conviction or because of evidence of the commission of the offense for which the conviction has been had. The Division shall maintain a record of convictions of every person licensed or required to be licensed under the provisions of this Article as an operator and shall enter therein records of all convictions of such persons for any violation of the motor vehicle laws of this State and shall assign to the record of such person, as of the date of commission of the offense, a number of points for every such conviction in accordance with the following schedule of convictions and points, except that points shall not be assessed for convictions resulting in suspensions or revocations under other provisions of laws: Further, any points heretofore charged for violation of the motor vehicle inspection laws shall not be considered by the Division of Motor Vehicles as a basis for suspension or revocation of driver's license: If the Division revokes a person's drivers license pursuant to G.S. 20-17(a)(16), a judge may allow the licensee a limited driving privilege for a period not to exceed the period of revocation. The limited driving privilege shall be issued in the same manner and under the terms and conditions prescribed in G.S. 20-16.1(b)(1), (2), (3), (4), (5), and (g). (5) Has, under the provisions of subsection (c) of this section, within a three-year period, accumulated 12 or more points, or eight or more points in the three-year period immediately following the reinstatement of a license which has been suspended or revoked because of a conviction for one or more traffic offenses; (6) Has made or permitted an unlawful or fraudulent use of such license or a learner's permit, or has displayed or represented as his own, a license or learner's permit not issued to him; (7) Has committed an offense in another state, which if committed in this State would be grounds for suspension or revocation; (8) Has been convicted of illegal transportation of alcoholic beverages; (9) Has, within a period of 12 months, been convicted of (i) two or more charges of speeding in excess of 55 and not more than 80 miles per hour, (ii) one or more charges of reckless driving and one or more charges of speeding in excess of 55 and not more than 80 miles per hour, or (iii) one or more charges of aggressive driving and one or more charges of speeding in excess of 55 and not more than 80 miles per hour; (10) Has been convicted of operating a motor vehicle at a speed in excess of 75 miles per hour on a public road or highway where the maximum speed is less than 70 miles per hour; (11) Has been sentenced by a court of record and all or a part of the sentence has been suspended and a condition of suspension of the sentence is that the operator not operate a motor vehicle for a period of time. However, if the Division revokes without a preliminary hearing and the person whose license is being revoked requests a hearing before the effective date of the revocation, the licensee retains his license unless it is revoked under some other provision of the law, until the hearing is held, the person withdraws his request, or he fails to appear at a scheduled hearing. Schedule of Point Values Passing stopped school bus .............................................5 Aggressive driving .....................................................5 Reckless driving .......................................................4 Hit and run, property damage only ......................................4 Following too close ....................................................4 Driving on wrong side of road ..........................................4 Illegal passing ........................................................4 Failure to yield right-of-way to pedestrian pursuant to G.S. 20-158(b)(2) b. ..........................................4 Failure to yield right-of-way to bicycle, motor scooter, or motorcycle .............................................4 Running through stop sign ..............................................3 Speeding in excess of 55 miles per hour ................................3 Failing to yield right-of-way ..........................................3 Running through red light ..............................................3 No driver's license or license expired more than one year ..............3 Failure to stop for siren ..............................................3 Driving through safety zone ............................................3 No liability insurance .................................................3 Failure to report accident where such report is required ...............3 Speeding in a school zone in excess of the posted school zone speed limit .........................................................3 Failure to properly restrain a child in a restraint or seat belt .......2 All other moving violations ............................................2 Littering pursuant to G.S. 14-399 when the littering involves the use of a motor vehicle ......................................1 Schedule of Point Values for Violations While Operating a Commercial Motor Vehicle Passing stopped school bus .............................................8 Rail-highway crossing violation ........................................6 Careless and reckless driving in violation of G.S. 20-140(f) ...........................................................6 Speeding in violation of G.S. 20-141(j3) ...............................6 Aggressive driving .....................................................6 Reckless driving .......................................................5 Hit and run, property damage only ......................................5 Following too close ....................................................5 Driving on wrong side of road ..........................................5 Illegal passing ........................................................5 Failure to yield right-of-way to pedestrian pursuant to G.S. 20-158(b)(2) b. ..........................................5 Failure to yield right-of-way to bicycle, motor scooter, or motorcycle .............................................5 Running through stop sign ..............................................4 Speeding in excess of 55 miles per hour ................................4 Failing to yield right-of-way ..........................................4 Running through red light ..............................................4 No driver's license or license expired more than one year ..............4 Failure to stop for siren ..............................................4 Driving through safety zone ............................................4 No liability insurance .................................................4 Failure to report accident where such report is required ...............4 Speeding in a school zone in excess of the posted school zone speed limit .........................................................4 Possessing alcoholic beverages in the passenger area of a commercial motor vehicle ...............................................4 All other moving violations ............................................3 Littering pursuant to G.S. 14-399 when the littering involves the use of a motor vehicle ......................................1 The above provisions of this subsection shall only apply to violations and convictions which take place within the State of North Carolina. The Schedule of Point Values for Violations While Operating a Commercial Motor Vehicle shall not apply to any commercial motor vehicle known as an "aerial lift truck" having a hydraulic arm and bucket station, and to any commercial motor vehicle known as a "line truck" having a hydraulic lift for cable, if the vehicle is owned, operated by or under contract to a public utility, electric or telephone membership corporation or municipality and used in connection with installation, restoration or maintenance of utility services. No points shall be assessed for conviction of the following offenses: Overloads Over length Over width Over height Illegal parking Carrying concealed weapon Improper plates Improper registration Improper muffler Improper display of license plates or dealers' tags Unlawful display of emblems and insignia Failure to display current inspection certificate. In case of the conviction of a licensee of two or more traffic offenses committed on a single occasion, such licensee shall be assessed points for one offense only and if the offenses involved have a different point value, such licensee shall be assessed for the offense having the greater point value. Upon the restoration of the license or driving privilege of such person whose license or driving privilege has been suspended or revoked because of conviction for a traffic offense, any points that might previously have been accumulated in the driver's record shall be cancelled. Whenever any licensee accumulates as many as seven points or accumulates as many as four points during a three-year period immediately following reinstatement of his license after a period of suspension or revocation, the Division may request the licensee to attend a conference regarding such licensee's driving record. The Division may also afford any licensee who has accumulated as many as seven points or any licensee who has accumulated as many as four points within a three-year period immediately following reinstatement of his license after a period of suspension or revocation an opportunity to attend a driver improvement clinic operated by the Division and, upon the successful completion of the course taken at the clinic, three points shall be deducted from the licensee's conviction record; provided, that only one deduction of points shall be made on behalf of any licensee within any five-year period. When a license is suspended under the point system provided for herein, the first such suspension shall be for not more than 60 days; the second such suspension shall not exceed six months and any subsequent suspension shall not exceed one year. Whenever the driver's license of any person is subject to suspension under this subsection and at the same time also subject to suspension or revocation under other provisions of laws, such suspensions or revocations shall run concurrently. In the discretion of the Division, a period of probation not to exceed one year may be substituted for suspension or for any unexpired period of suspension under subsections (a)(1) through (a)(10a) of this section. Any violation of probation during the probation period shall result in a suspension for the unexpired remainder of the suspension period. Any accumulation of three or more points under this subsection during a period of probation shall constitute a violation of the condition of probation. (d) Upon suspending the license of any person as authorized in this section, the Division shall immediately notify the licensee in writing and upon his request shall afford him an opportunity for a hearing, not to exceed 60 days after receipt of the request, unless a preliminary hearing was held before his license was suspended. 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. (e) The Division may conduct driver improvement clinics for the benefit of those who have been convicted of one or more violations of this Chapter. Each driver attending a driver improvement clinic shall pay a fee of sixty-five dollars ($65.00). (e1) Notwithstanding any other provision of this Chapter, if the Division suspends the license of an operator pursuant to subdivisions (a)(9), (a)(10), or (a)(10a) of this section, upon the first suspension only, a district court judge may allow the licensee a limited driving privilege or license for a period not to exceed 12 months, provided he has not been convicted of any other motor vehicle moving violation within the previous 12 months. The limited driving privilege shall be issued in the same manner and under the terms and conditions prescribed in G.S. 20-16.1(b)(1) , (2), (3), (4), and (5). History (1935, c. 52, s. 11; 1947, c. 893, ss. 1, 2; c. 1067, s. 13; 1949, c. 373, ss. 1, 2; c. 1032, s. 2; 1953, c. 450; 1955, c. 1152, s. 15; c. 1187, ss. 9-12; 1957, c. 499, s. 1; 1959, c. 1242, ss. 1-2; 1961, c. 460, ss. 1, 2(a); 1963, c. 1115; 1965, c. 130; 1967, c. 16; 1971, c. 234, ss. 1, 2; c. 793, ss. 1, 2; c. 1198, ss. 1, 2; 1973, c. 17, ss. 1, 2; 1975, c. 716, s. 5; 1977, c. 902, s. 1; 1979, c. 36; c. 667, ss. 18, 41; 1981, c. 412, s. 4; c. 747, ss. 33, 66; 1981 (Reg. Sess., 1982), c. 1256; 1983, c. 435, s. 10; c. 538, ss. 3-5; c. 798; 1983 (Reg. Sess., 1984), c. 1101, s. 4; 1987, c. 744, ss. 1, 2; 1987 (Reg. Sess., 1988), c. 1037, s. 75; 1989, c. 784, s. 9; 1991, c. 682, s. 3; 1999-330, s. 7; 1999-452, s. 10; 2000-109, s. 7(d); 2000-117, s. 2; 2000-155, s. 10; 2001-352, s. 2; 2004-172, s. 3; 2004-193, ss. 2, 3; 2005-276, s. 44.1(d); 2015-241, s. 29.30(d).) Cross References. - As to period of suspension or revocation, see G.S. 20-19 and note to G.S. 20-17 . Editor's Note. - A reference to subdivisions (a)(1) through (a)(10a) of this section appears in the last paragraph of subsection (c) and in subsection (d). Subdivisions (a)(1) through (a)(4) were repealed by Session Laws 1979, c. 36. Session Laws 2015-241, s. 29.30(u), made the amendment to subsection (e) of this section by Session Laws 2015-241, s. 29.30(d), applicable to issuances, renewals, restorations, and requests on or after January 1, 2016. Session Laws 2015-241, s. 1.1, provides: "This act shall be known as 'The Current Operations and Capital Improvements Appropriations Act of 2015.'" Session Laws 2015-241, s. 33.6, is a severability clause. Effect of Amendments. - Session Laws 2004-172, s. 3, effective December 1, 2004, in subsection (c), inserted "Failure to yield right-of-way to pedestrian pursuant to G.S. 20-158(b)(2) b. . . . 4" and "Failure to yield right-of-way to bicycle, motor scooter, or motorcycle . . . 4" preceding "Running through stop sign . . . 3" under "Schedule of Point Values," inserted "Failure to yield right-of-way to pedestrian pursuant to G.S. 20-158(b)(2) b. . . . 5" and "Failure to yield right-of-way to bicycle, motor scooter, or motorcycle . . . 5" preceding "Running through stop sign" under "Schedule of Point Values for Violations While Operating a Commercial Motor Vehicle." Session Laws 2004-193, ss. 2 and 3, effective December 1, 2004, in subdivision (a)(9), inserted "(i)" preceding "two or more," substituted "hour, (ii)" for "hour, or of," and added ",or (iii) one or more charges of aggressive driving and one or more charges of speeding in excess of 55 and not more than 80 miles per hour" at the end of the sentence; in subsection (c), inserted "Aggressive driving....5" in the "Schedule of Point Values," and inserted "Aggressive driving....6" in the "Schedule of Point Values for Violations While Operating a Commercial Motor Vehicle." Session Laws 2005-276, s. 44.1(d), effective October 1, 2005, substituted "fifty dollars ($50.00)" for "twenty-five dollars ($25.00)" in subsection (e). Session Laws 2015-241, s. 29.30(d), effective January 1, 2016, substituted "sixty-five dollars ($65.00)" for "fifty dollars ($50.00)" in subsection (e). For applicability, see editor's note. Legal Periodicals. - For brief discussion of the 1949 amendments, see 27 N.C.L. Rev. 371, 372 (1949). For article on administrative hearing for suspension of driver's license, see 30 N.C.L. Rev. 27 (1951). For note as to effect of plea of nolo contendere, see 32 N.C.L. Rev. 549 (1954). For a survey of 1996 developments in constitutional law, see 75 N.C.L. Rev. 2315 (1997).