North Carolina § 20-37 - 16. Content of license; classifications and endorsements; fees.

§ 20-37. 16. Content of license; classifications and endorsements; fees.

A commercial drivers license must be marked "Commercial Drivers License" or "CDL" and must contain the information required by G.S. 20-7 for a regular drivers license. The classes of commercial drivers licenses are: Class A CDL - A Class A commercial drivers license authorizes the holder to drive any Class A motor vehicle. Class B CDL - A Class B commercial drivers license authorizes the holder to drive any Class B motor vehicle. Class C CDL - A Class C commercial drivers license authorizes the holder to drive any Class C motor vehicle. Endorsements. - The endorsements required to drive certain motor vehicles are as follows: Expired. Expiration of H and X Endorsements. - Hazardous materials endorsements shall be renewed every five years or less so that individuals subject to a Transportation Security Administration security screening required pursuant to 49 C.F.R. § 383.141 may receive the screening and be authorized to renew the endorsements of H or X to transport hazardous materials. Notwithstanding G.S. 20-7(f), a commercial drivers license that contains an H or X endorsement as defined in subsection (c) of this section shall expire on the date of expiration of the licensee's security threat assessment conducted by the Transportation Security Administration of the United States Department of Homeland Security. When the commercial drivers license also contains an S endorsement and the licensee is certified to drive a school bus in this State, the commercial drivers license shall expire as provided in G.S. 20-7(f). The H and X endorsements on a commercial drivers license shall expire when the commercial drivers license expires. The fee for a Class A, B, or C commercial drivers license is twenty dollars ($20.00) for each year of the period for which the license is issued. The fee for each endorsement is four dollars ($4.00) for each year of the period for which the endorsement is issued. The fees required under this section do not apply to employees of the Driver License Section of the Division who are designated by the Commissioner. The requirements for a commercial drivers license do not apply to vehicles used for personal use such as recreational vehicles. A commercial drivers license is also waived for the following classes of vehicles as permitted by regulation of the United States Department of Transportation: Vehicles owned or operated by the Department of Defense, including the National Guard, while they are driven by active duty military personnel, or members of the National Guard when on active duty, in the pursuit of military purposes. Any vehicle when used as firefighting or emergency equipment for the purpose of preserving life or property or to execute governmental functions, including, but not limited to, necessary maintenance, training, or required operation for official business of the department. A farm vehicle that meets all of the following criteria: Is controlled and operated by the farmer or the farmer's employee and used exclusively for farm use. Is used to transport either agricultural products, farm machinery, or farm supplies, both to or from a farm. Is not used in the operations of a for-hire motor carrier. Is used within 150 miles of the farmer's farm. For the purposes of this section, the term "school bus" has the same meaning as in 49 C.F.R. § 383.5. Endorsement Vehicles That Can Be Driven H Vehicles, regardless of size or class, except tank vehicles, when transporting hazardous materials that require the vehicle to be placarded M Motorcycles N Tank vehicles not carrying hazardous materials P Vehicles carrying passengers S School bus T Double trailers X Tank vehicles carrying hazardous materials. To qualify for any of the above endorsements, an applicant shall pass a knowledge test. To obtain an H or an X endorsement, an applicant must take a test. This requirement applies when a person first obtains an H or an X endorsement and each time a person renews an H or an X endorsement. An applicant who has an H or an X endorsement issued by another state who applies for an H or an X endorsement must take a test unless the person has passed a test that covers the information set out in 49 C.F.R. § 383.121 within the preceding two years. For purposes of this subsection, the term "motorcycle" shall not include autocycles. Autocycles shall be subject to the requirements under this section for motor vehicles. A farm vehicle includes a forestry vehicle that meets the listed criteria when applied to the forestry operation. History (1989, c. 771, s. 2; 1991, c. 726, s. 18; 1993, c. 368, s. 4; 1993 (Reg. Sess., 1994), c. 750, ss. 4, 6; 1995 (Reg. Sess., 1996), c. 695, s. 1; c. 756, s. 5; 1998-149, s. 5; 2003-397, ss. 4, 5; 2005-276, s. 44.1(g); 2005-349, s. 9; 2011-228, s. 1; 2012-85, s. 3; 2015-163, s. 3; 2015-241, s. 29.30(g); 2018-74, s. 15.) Editor's Note. - Session Laws 1993, c. 368, which amended this section, in s. 5 provides: "A drivers license or a special identification card issued by the Division of Motor Vehicles before January 1, 1995, and renewed by the Division after that date is considered the first drivers license or special identification card issued by the Division for purposes of determining when the license or card expires." Session Laws 2003-397, s. 7, provides, in part, that s. 5, which added subsection (c1), expires September 30, 2005. Session Laws 2011-228, s. 2, as amended by Session Laws 2012-85, s. 3, provides: "This act becomes effective on the later of the following dates and applies to endorsements issued for commercial drivers licenses issued on or after that date: "(1) January 1, 2013. "(2) The first day of a month that is 30 days after the Commissioner of Motor Vehicles certifies to the Revisor of Statutes that the Division of Motor Vehicles has completed the implementation of the Division's Next Generation Secure Driver License System." On August 21, 2019, the Commissioner of Motor Vehicles certified to the Revisor of Statutes that the Next Generation Secure Driver License System was fully implemented in January 2016. Session Laws 2012-85, s. 12, provides: "When the Division of Motor Vehicles has completed the implementation of the Division's Next Generation Secure Driver License System, the Commissioner of Motor Vehicles shall certify to the Revisor of Statutes that the Division of Motor Vehicles has completed the implementation. When making the certification, the Commissioner of Motor Vehicles shall reference S.L. 2011-35, S.L. 2011-228, and the session law number of this act." On August 21, 2019, the Commissioner of Motor Vehicles certified to the Revisor of Statutes that the Next Generation Secure Driver License System was fully implemented in January 2016. Session Laws 2015-241, s. 29.30(u), made the amendment to subsection (d) of this section by Session Laws 2015-241, s. 29.30(g), 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 2003-397, ss. 4 and 5, effective October 1, 2003, in the table in subsection (c), inserted "S" under the "Endorsement" column and inserted "School bus" under the "Vehicles That Can Be Driven column"; inserted subsection (c1); in the last sentence of subsection (d), deleted "a person whose license is restricted to driving a school bus or school activity bus or to" following "do not apply to"; and added subsection (f). See Editor's note for expiration of s. 5 of Laws 2003-397. Session Laws 2005-276, s. 44.1(g), effective October 1, 2005, and applicable to fees collected on or after that date, substituted "fifteen dollars ($15.00)" for "ten dollars ($10.00)" and "three dollars ($3.00)" for "one dollar and twenty-five cents ($1.25)" in subsection (d). Session Laws 2005-349, s. 9, effective September 30, 2005, and applicable to offenses committed on or after that date, added the first sentence of the paragraph following the table in subsection (c). Session Laws 2011-228, s. 1, added subsection (c2). For effective date, see Editor's note. Session Laws 2015-163, s. 3, effective October 1, 2015, added the last two sentences of the second paragraph in subsection (c). Session Laws 2015-241, s. 29.30(g), effective January 1, 2016, in subsection (d), substituted "twenty dollars ($20.00)" for "fifteen dollars ($15.00)" in first sentence and substituted "four dollars ($4.00)" for "three dollars ($3.00)" in the second sentence. For applicability, see editor's note. Session Laws 2018-74, s. 15, effective July 1, 2018, inserted "including, but not limited to, necessary maintenance, training, or required operation for official business of the department" in subdivision (c)(2). Opinions of Attorney General Private carriers operated by drivers employed in logging operations are entitled to the exemption for "farm" vehicles under G.S. 20-37.16(e)(3) if agricultural or forest products being transported were raised and grown by farmer/forester and he does not engage in business of buying products for resale. Then he and his employees could transport such forest products within 150 miles of farm in vehicles not used in common or contract motor carrier operations without obtaining commercial driver's license. Conversely, if forest products were not raised and grown by forester, or he engages in buying of forest products for resale, transporting of those products by him or his employees would not be exempt from commercial driver's license requirements for, as to those forest products, forester was not a farmer. See opinion of Attorney General to Rep. Beverly M. Purdue, 3rd District: Craven, Lenoir, Pamlico Counties, 60 N.C.A.G. 30 (1990).