North Carolina § 20-37 - 13. Commercial drivers license qualification standards.

§ 20-37. 13. Commercial drivers license qualification standards.

No person shall be issued a commercial drivers license unless the person meets all of the following requirements: Is a resident of this State. Is 21 years of age. Has passed a knowledge test and a skills test for driving a commercial motor vehicle that comply with minimum federal standards established by federal regulation enumerated in 49 C.F.R., Part 383, Subparts F, G, and H. Has satisfied all other requirements of the Commercial Motor Vehicle Safety Act in addition to other requirements of this Chapter or federal regulation. Has held a commercial learner's permit for a minimum of 14 days. The Division may permit a person, including an agency of this or another state, an employer, a private driver training facility, or an agency of local government, to administer the skills test specified by this section, provided: The test is the same as that administered by the Division; and The third party has entered into an agreement with the Division which complies with the requirements of 49 C.F.R. § 383.75. The Division may charge a fee to applicants for third-party testing authority in order to investigate the applicants' qualifications and to monitor their program as required by federal law. The Division shall allow a third party to administer a skills test for driving a commercial motor vehicle pursuant to subsection (b) of this section any day of the week. Prior to October 1, 1992, the Division may waive the skills test for applicants licensed at the time they apply for a commercial drivers license if: For an application submitted by April 1, 1992, the applicant has not, and certifies that he or she has not, at any time during the two years immediately preceding the date of application done any of the following and for an application submitted after April 1, 1992, the applicant has not, and certifies that he or she has not, at any time during the two years preceding April 1, 1992: Had more than one drivers license, except during the 10-day period beginning on the date he or she is issued a drivers license, or unless, prior to December 31, 1989, he or she was required to have more than one license by a State law enacted prior to June 1, 1986; Had any drivers license or driving privilege suspended, revoked, or cancelled; Had any convictions involving any kind of motor vehicle for the offenses listed in G.S. 20-17 or had any convictions for the offenses listed in G.S. 20-17.4; Been convicted of a violation of State or local laws relating to motor vehicle traffic control, other than a parking violation, which violation arose in connection with any reportable traffic accident; or Refused to take a chemical test when charged with an implied consent offense, as defined in G.S. 20-16.2; and The applicant certifies, and provides satisfactory evidence, that he or she is regularly employed in a job requiring the operation of a commercial motor vehicle, and he or she either: Has previously taken and successfully completed a skills test that was administered by a state with a classified licensing and testing system and the test was behind the wheel in a vehicle representative of the class and, if applicable, the type of commercial motor vehicle for which the applicant seeks to be licensed; or Has operated for the relevant two-year period under subpart (1)a. of this subsection, a vehicle representative of the class and, if applicable, the type of commercial motor vehicle for which the applicant seeks to be licensed. The Division may waive the skills test for any qualified military applicant at the time the applicant applies for a commercial drivers license if the applicant is currently licensed at the time of application and meets all of the following: The applicant has passed all required written knowledge exams. The applicant has not, and certifies that the applicant has not, at any time during the two years immediately preceding the date of application done any of the following: Had any drivers license or driving privilege suspended, revoked, or cancelled. Had any convictions involving any kind of motor vehicle for the offenses listed in G.S. 20-17 or had any convictions for the offenses listed in G.S. 20-17.4. Been convicted of a violation of military, State, or local laws relating to motor vehicle traffic control, other than a parking violation, which violation arose in connection with any reportable traffic accident. Refused to take a chemical test when charged with an implied consent offense, as defined in G.S. 20-16.2. Had more than one drivers license, except for a drivers license issued by the military. The applicant certifies, and provides satisfactory evidence on the date of application, that the applicant is a retired, discharged, or current member of an active or reserve component of the Armed Forces of the United States and is regularly employed or was regularly employed within the one-year period immediately preceding the date of application in a military position requiring the operation of a commercial motor vehicle, and the applicant meets either of the following requirements: Repealed by Session Laws 2013-201, s. 1, effective June 26, 2013. Has operated for the two-year period immediately preceding the date of application a vehicle representative of the class and, if applicable, the type of commercial motor vehicle for which the applicant seeks to be licensed, and has taken and successfully completed a skills test administered by the military. For an applicant who is a retired or discharged member of an active or reserve component of the Armed Forces of the United States, the applicant (i) has operated for the two-year period immediately preceding the date of retirement or discharge a vehicle representative of the class and, if applicable, the type of commercial motor vehicle for which the applicant seeks to be licensed, and has taken and successfully completed a skills test administered by the military, (ii) has retired or received either an honorable or general discharge, and (iii) has retired or been discharged from the Armed Forces within the one-year period immediately preceding the date of application. The one-year period referenced in subdivision (3) of subsection (c1) of this section applies unless a different period is provided by federal law. An applicant may provide his or her Form DD 214, "Certificate of Release or Discharge from Active Duty," and his or her drivers license issued by the military, to satisfy the certification required by subdivision (3) of subsection (c1) of this section. An applicant who is retired or discharged must provide a drivers license issued by the military that was valid at the time of his or her retirement or discharge when using the process in this subsection to satisfy the certification required by subdivision (3) of subsection (c1) of this section. The Division may waive the knowledge and skills test for a qualified military applicant who has been issued a military license that authorizes the holder to operate a motor vehicle representative of the class and endorsements for which the applicant seeks to be licensed. The applicant must certify and provide satisfactory evidence on the date of application that the applicant meets all of the following requirements: The applicant is a current or former member of an active or reserve component of the Armed Forces of the United States and was issued a military license that authorized the applicant to operate a vehicle that is representative of the class and type of commercial motor vehicle for which the applicant seeks to be licensed and whose military occupational specialty or rating are eligible for waiver, as allowed by the Federal Motor Carrier Safety Administration. The applicant is or was, within the year prior to the date of application, regularly employed in a military position requiring operation of a motor vehicle representative of the class of commercial motor vehicle for which the applicant seeks to be licensed. The applicant meets the qualifications listed in subdivision (2) of subsection (c1) of this section. A commercial drivers license or learner's permit shall not be issued to a person while the person is subject to a disqualification from driving a commercial motor vehicle, or while the person's drivers license is suspended, revoked, or cancelled in any state; nor shall a commercial drivers license be issued unless the person who has applied for the license first surrenders all other drivers licenses issued by the Division or by another state. If a person surrenders a drivers license issued by another state, the Division must return the license to the issuing state for cancellation. A commercial learner's permit may be issued to an individual who holds a regular Class C drivers license and has passed the knowledge test for the class and type of commercial motor vehicle the individual will be driving. The permit is valid for a period not to exceed 180 days. The fee for a commercial driver learner's permit is the same as the fee set by G.S. 20-7 for a regular learner's permit. Notwithstanding subsection (e) of this section, a commercial driver learner's permit with a P or S endorsement shall not be issued to any person who is required to register under Article 27A of Chapter 14 of the General Statutes. The issuance of a commercial driver learner's permit is a precondition to the initial issuance of a commercial drivers license. The issuance of a commercial driver learner's permit is also a precondition to the upgrade of a commercial drivers license if the upgrade requires a skills test. The Division shall promptly notify any driver who fails to meet the medical certification requirements in accordance with 49 C.F.R. § 383.71. The Division shall give the driver 60 days to provide the required documentation. If the driver fails to provide the required commercial drivers license medical certification documentation within the period allowed, the Division shall automatically downgrade a commercial drivers license to a class C regular drivers license. For the purpose of skills testing and determining commercial drivers license classification, only the manufacturer's GVWR shall be used. The tests shall be prescribed and conducted by the Division. Provided, a person who is at least 18 years of age may be issued a commercial drivers license if the person is exempt from, or not subject to, the age requirements of the federal Motor Carrier Safety Regulations contained in 49 C.F.R., Part 391, as adopted by the Division. History (1989, c. 771, s. 2; 1991, c. 726, s. 16; 1991 (Reg. Sess., 1992), c. 916, s. 1; 2005-349, s. 8; 2009-274, s. 4; 2009-491, s. 5; 2009-494, s. 1; 2011-183, s. 22; 2013-195, s. 1; 2013-201, s. 1; 2014-115, s. 28.5(a), (b); 2015-115, s. 1; 2016-90, s. 6(b); 2018-74, s. 9(a).) Editor's Note. - Session Laws 2009-491, s. 7, provides in part: "This act [which aded subsection (f)] applies to persons whose initial registration under Article 27A of Chapter 14 of the General Statutes occurs on or after December 1, 2009, and to persons who are registered under Article 27A of Chapter 14 of the General Statutes prior to December 1, 2009, and continue to be registered on or after December 1, 2009. The criminal penalties enacted by this act apply to offenses occurring on or after December 1, 2009." Session Laws 2016-90, s. 6(f), made the amendment to subsection (e) by Session Laws 2016-90, s. 6(b), applicable to offenses committed on or after January 1, 2017. Session Laws 2020-3, s. 4.7(a)-(h), as amended by Session Laws 2020-97, ss. 3.15(a), 3.16(a), provides: "(a) Definition. - For purposes of this section, 'credential' means any of the following issued by the Division of Motor Vehicles: "(1) Drivers license. "(2) Learner's permit. "(3) Limited learner's permit. "(4) Limited provisional license. "(5) Full provisional license. "(6) Commercial drivers license. "(7) Commercial learner's permit. "(8) Temporary driving certificate. "(9) Special identification card. "(10) Handicapped placard. "(11) Vehicle registration. "(12) Temporary vehicle registration. "(13) Dealer license plate. "(14) Transporter plate. "(15) Loaner/Dealer 'LD' plate. "(16) Vehicle inspection authorization. "(17) Inspection station license. "(18) Inspection mechanic license. "(19) Transportation network company permit. "(20) Motor vehicle dealer license. "(21) Sales representative license. "(22) Manufacturer license. "(23) Distributor license. "(24) Wholesaler license. "(25) Driver training school license. "(26) Driver training school instructor license. "(27) Professional housemoving license. "(b) Extend Validity of Credentials. - Notwithstanding renewal, duration, or expiration provisions of G.S. 20-7 , 20-11, 20-37.6, 20-37.7, 20-37.13, 20-50, 20-66, 20-79, 20-79.02, 20-79.2, 20-183.4B, 20-183.4D, 20-280.3, 20-288, 20-324, and 20-359, or any other provision of law to the contrary, the Division of Motor Vehicles shall extend for a period of five months the validity of any credential that expires on or after March 1, 2020, and before August 1, 2020. The Division shall extend for a period of five months the validity of any credential listed in subdivisions (6), (7), (9), (10), and (18) of subsection (a) of this section that expires on or after March 1, 2020, and before the date 30 days after the date the Governor (i) rescinds Executive Order No. 116 or (ii) issues another executive order lifting restrictions on Division of Motor Vehicles functions. Notwithstanding G.S. 20-37.13 (h) and G.S. 20-37.13 A(a), the Division of Motor Vehicles is authorized to waive the requirement that commercial drivers license and commercial learner's permit holders have a medical examination and certification, as required by federal law, consistent with any waiver of medical qualifications standards issued by the Federal Motor Carrier Safety Administration. A credential extended under this section shall expire five months from the date it otherwise expires as prescribed by law prior to this section. However, the subsequent expiration of a credential extended under this section shall occur on the date prescribed by law prior to this section without regard to the extension. The Division shall notify individuals affected by an extension granted under this section, including information on new expiration dates and how the extension affects subsequent renewal and expiration dates. "(b1) Extension of Intrastate Medical Waivers. - Notwithstanding the limitation on duration of waivers in G.S. 20-37.13 A(b), the Division of Motor Vehicles may extend for up to five months the validity of a medical waiver issued by the Division under G.S. 20-37.13 A if the waiver expires on or after March 1, 2020, and before the date 30 days after the date the Governor (i) rescinds Executive Order No. 116 or (ii) issues another executive order lifting restrictions on Division of Motor Vehicles functions, and the Division's Medical Review Unit determines the extension is appropriate. "(c) Driving Eligibility Certificates. - Notwithstanding G.S. 20-11 (n)(3), a driving eligibility certificate dated on or after February 9, 2020, and before March 10, 2020, remains valid and may be accepted by the Division of Motor Vehicles to meet the requirements for a license or permit issued under G.S. 20-11 until 30 days after the date the Governor rescinds Executive Order No. 116 or the date the Division reopens all drivers license offices, whichever is earlier. "(d) Waive Penalties. - Notwithstanding any provision of law to the contrary, the Division shall waive any fines, fees, or penalties associated with failing to renew a credential during the period of time the credential is valid by extension under subsection (b) of this section. "(e) Motor Vehicle Taxes. - Notwithstanding any provision of law to the contrary, due dates for motor vehicle taxes that are tied to registration expiration under Article 22A of Chapter 105 of the General Statutes shall be extended to correspond with extended expiration dates under subsection (b) of this section. "(f) Validity by Extension a Defense. - A person may not be convicted or found responsible for any offense resulting from failure to renew a credential issued by the Division if, when tried for that offense, the person shows that the offense occurred during the period of time the credential is valid by extension under subsection (b) of this section. "(g) Report. - Within 30 days of the extensions made under subsection (b) of this section, the Division shall submit a report to the Joint Legislative Transportation Oversight Committee and the Fiscal Research Division detailing implementation of this section. "(h) Effective Date. - This section is effective retroactively to March 1, 2020, and applies to expirations occurring on or after that date." Session Laws 2020-3, s. 5, is a severability clause. Session Laws 2020-97, s. 4.5, is a severability clause. Effect of Amendments. - Session Laws 2005-349, s. 8, effective September 30, 2005, in subsection (a), substituted "Subparts F, G and H" for "Subparts G and H" at the end of subdivision (a)(3), and added the next-to-last paragraph of the subsection. Session Laws 2009-274, s. 4, effective July 10, 2009, and applicable to all licenses expiring on or after that date, substituted "Armed Forces" for "armed forces" in subdivision (c1)(3). Session Laws 2009-494, s. 1, effective January 1, 2010, and applicable to any commercial drivers license issued on or after that date, added subsection (c1). Session Laws 2011-183, s. 22, effective June 20, 2011, in subsections (a) and (d), made minor stylistic changes; throughout subsection (c), inserted "or she" following "he"; and in subdivision (c1)(3), substituted "component of the Armed Forces of the United States" for "component of a branch of the United States Armed Forces." Session Laws 2013-195, s. 1, effective July 1, 2013, added subsection (b1). Session Laws 2013-201, s. 1, effective June 26, 2013, in subsection (c1), substituted "any qualified military applicant" for "applicants" and "the applicant applies" for "they apply," and inserted "is currently licensed at the time of application and"; added sub-subdivision (c1)(2)e.; in subdivision (c1)(3), inserted "retired, discharged, or current" and "or was regularly employed within the 90-day period immediately preceding the date of application," and substituted "military position" for "job" and "meets either of the following requirements" for "either"; deleted sub-subdivision (c1)(3)a.; added sub-subdivision (c1)(3)c.; and made minor punctuation and stylistic changes in sub-subdivisions (c1)(2)a. through (c1)(2)c. Session Laws 2014-115, s. 28.5(a), effective August 11, 2014, in subsection (a), added "meets all of the following requirements" to the introductory paragraph; added subdivision (a)(5); added subsections (g) and (h); and made minor, stylistic changes. Session Laws 2015-115, s. 1, effective June 24, 2015, substituted "one-year" for "90-day" in subdivisions (c1)(3) and (c1)(3)(c); and added subsection (c2). Session Laws 2016-90, s. 6(b), effective January 1, 2017, in subsection (e), deleted "driver" following "A commercial" near the beginning of the first sentence, substituted "180 days" for "six months and may be renewed or reissued only once within a two year period" at the end of the second sentence, and deleted the former fourth sentence, which read: "G.S. 20-7(m) governs the issuance of a restricted instruction permit for a prospective school bus driver" from the end of the subsection. See editor's note for applicability. Session Laws 2018-74, s. 9(a), effective October 1, 2018, added subsection (c3).