2005 North Carolina Code - General Statutes Article 2C - Commercial Driver License.

Article 2C.

Commercial Driver License.

§ 20‑37.10.  Title of Article.

This Article may be cited as the Commercial Driver License Act. (1989, c. 771, s. 2.)

 

§ 20‑37.11.  Purpose.

The purpose of this Article is to implement the federal Commercial Motor Vehicle Safety Act of 1986, 49 U.S.C. Chapter 36, and reduce or prevent commercial motor vehicle accidents, fatalities, and injuries by:

(1)       Permitting commercial drivers to hold one license;

(2)       Disqualifying commercial drivers who have committed certain serious traffic violations, or other specified offenses; and

(3)       Strengthening commercial driver licensing and testing standards.

To the extent that this Article conflicts with general driver licensing provisions, this Article prevails.  Where this Article is silent, the general driver licensing provisions apply. (1989, c. 771, s. 2.)

 

§ 20‑37.12.  Commercial drivers license required.

(a)       On or after April 1, 1992, no person shall operate a commercial motor vehicle on the highways of this State unless he has first been issued and is in immediate possession of a commercial drivers license with applicable endorsements valid for the vehicle he is driving; provided, a person may operate a commercial motor vehicle after being issued and while in possession of a commercial driver learner's permit and while accompanied by the holder of a commercial drivers license valid for the vehicle being driven.

(b)       The out‑of‑service criteria as referred to in 49 C.F.R. Subchapter B apply to a person who drives a commercial motor vehicle. No person shall drive a commercial motor vehicle on the highways of this State in violation of an out‑of‑service order.

(c)       Repealed by Session Laws 1991, c. 726, s. 15.

(d)       Any person who is not a resident of this State, who has been issued a commercial drivers license by his state of residence, who has that license in his immediate possession, whose privilege to drive any motor vehicle is not suspended, revoked, or cancelled, and who has not been disqualified from driving a commercial motor vehicle shall be permitted without further examination or licensure by the Division to drive a commercial motor vehicle in this State.

(e)       G.S. 20‑7 sets the time period in which a new resident of North Carolina must obtain a license from the Division. The Commissioner may establish by rule the conditions under which the test requirements for a commercial drivers license may be waived for a new resident who is licensed in another state.

(f)        A person shall not be convicted of failing to carry a commercial drivers license if, by the date the person is required to appear in court for the violation, the person produces to the court a commercial drivers license issued to the person that was valid on the date of the offense. (1989, c. 771, s. 2; 1991, c. 726, s. 15; 1997‑122, s. 5; 1998‑149, s. 4; 2003‑397, s. 3.)

 

§ 20‑37.13.  Commercial drivers license qualification standards.

(a)       No person shall be issued a commercial drivers license unless he:

(1)       Is a resident of this State;

(2)       Is 21 years of age;

(3)       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; and

(4)       Has satisfied all other requirements of the Commercial Motor Vehicle Safety Act in addition to other requirements of this Chapter or federal regulation.

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 he 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.

(b)       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:

(1)       The test is the same as that administered by the Division; and

(2)       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.

(c)       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:

(1)       For an application submitted by April 1, 1992, the applicant has not, and certifies that he 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 has not, at any time during the two years preceding April 1, 1992:

a.         Had more than one drivers license, except during the 10‑day period beginning on the date he is issued a drivers license, or unless, prior to December 31, 1989, he was required to have more than one license by a State law enacted prior to June 1, 1986;

b.         Had any drivers license or driving privilege suspended, revoked, or cancelled;

c.         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;

d.         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

e.         Refused to take a chemical test when charged with an implied consent offense, as defined in G.S. 20‑16.2; and

(2)       The applicant certifies, and provides satisfactory evidence, that he is regularly employed in a job requiring the operation of a commercial motor vehicle, and he either:

a.         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

b.         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.

(d)       A commercial drivers license or learner's permit shall not be issued to a person while he is subject to a disqualification from driving a commercial motor vehicle, or while his 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.

(e)       A commercial driver 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 six months and may be renewed or reissued only once within a two‑year period. 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. G.S. 20‑7(m) governs the issuance of a restricted instruction permit for a prospective school bus driver. (1989, c. 771, s. 2; 1991, c. 726, s. 16; 1991 (Reg. Sess., 1992), c. 916, s. 1; 2005‑349, s. 8.)

 

§ 20‑37.14.  Nonresident commercial driver license.

The Division may issue a nonresident commercial driver license (NRCDL) to a resident of a foreign jurisdiction if the United States Secretary of Transportation has determined that the commercial motor vehicle testing and licensing standards in the foreign jurisdiction do not meet the testing standards established in 49 C.F.R., Part 383.  The word "Nonresident" must appear on the face of the NRCDL.  An applicant must surrender any NRCDL issued by another state.  Prior to issuing a NRCDL, the Division shall establish the practical capability of revoking, suspending, or cancelling the NRCDL and disqualifying that person with the same conditions applicable to the commercial driver license issued to a resident of this State. (1989, c. 771, s. 2.)

 

§ 20‑37.15.  Application for commercial drivers license.

(a)       An application for a commercial drivers license must include the information required by G.S. 20‑7 for a regular drivers license and a consent to release driving record information.

(a1)     The application must be accompanied by a nonrefundable application fee of thirty dollars ($30.00). This fee does not apply in any of the following circumstances:

(1)       When an individual surrenders a commercial driver learner's permit issued by the Division when submitting the application.

(2)       When the application is to renew a commercial drivers license issued by the Division.

This fee shall entitle the applicant to three attempts to pass the written knowledge test without payment of a new fee. No application fee shall be charged to an applicant eligible for a waiver under G.S. 20‑37.13(c).

(b)       When the holder of a commercial drivers license changes his name or residence address, an application for a duplicate shall be made as provided in G.S. 20‑7.1 and a fee paid as provided in G.S. 20‑14. (1989, c. 771, s. 2; 1991, c. 726, s. 17; 1993 (Reg. Sess., 1994), c. 750, s. 3; 2005‑276, s. 44.1(f).)

 

§ 20‑37.16.  Content of license; classifications and endorsements; fees.

(a)       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.

(b)       The classes of commercial drivers licenses are:

(1)       Class A CDL – A Class A commercial drivers license authorizes the holder to drive any Class A motor vehicle.

(2)       Class B CDL – A Class B commercial drivers license authorizes the holder to drive any Class B motor vehicle.

(3)       Class C CDL – A Class C commercial drivers license authorizes the holder to drive any Class C motor vehicle.

(c)       Endorsements. – The endorsements required to drive certain motor vehicles are as follows:

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.

(c1)     Expired.

(d)       The fee for a Class A, B, or C commercial drivers license is fifteen dollars ($15.00) for each year of the period for which the license is issued. The fee for each endorsement is three dollars ($3.00) 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.

(e)       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:

(1)       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.

(2)       Any vehicle when used as firefighting or emergency equipment for the purpose of preserving life or property or to execute emergency governmental functions.

(3)       A farm vehicle that meets all of the following criteria:

a.         Is controlled and operated by the farmer or the farmer's employee and used exclusively for farm use.

b.         Is used to transport either agricultural products, farm machinery, or farm supplies, both to or from a farm.

c.         Is not used in the operations of a for‑hire motor carrier.

d.         Is used within 150 miles of the farmer's farm.

A farm vehicle includes a forestry vehicle that meets the listed criteria when applied to the forestry operation.

(f)        For the purposes of this section, the term "school bus" has the same meaning as in 49 C.F.R. § 383.5. (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.)

 

§ 20‑37.17.  Record check and notification of license issuance.

Before issuing a commercial driver license, the Division shall obtain driving record information from the Commercial Driver License Information System (CDLIS), the National Driver Register, and from each state in which the person has been licensed.

Within 10 days after issuing a commercial driver license, the Division shall notify CDLIS of the issuance of the commercial driver license, providing all information necessary to ensure identification of the person. (1989, c. 771, s. 2.)

 

§ 20‑37.18.  Notification required by driver.

(a)       Any driver holding a commercial driver license issued by this State who is convicted of violating any State law or local ordinance relating to motor vehicle traffic control in any other state, other than parking violations, shall notify the Division in the manner specified by the Division within 30 days of the date of the conviction.

(b)       Any driver holding a commercial driver license issued by this State who is convicted of violating any State law or local ordinance relating to motor vehicle traffic control in this or any other state, other than parking violations, shall notify his employer in writing of the conviction within 30 days of the date of conviction.

(c)       Any driver whose commercial driver license is suspended, revoked, or cancelled by any state, or who loses the privilege to drive a commercial motor vehicle in any state for any period, including being disqualified from driving a commercial motor vehicle, or who is subject to an out‑of‑service order, shall notify his employer of that fact before the end of the business day following the day the driver received notice of that fact.

(d)       Any person who applies to be a commercial motor vehicle driver shall provide the employer, at the time of the application, with the following information for the 10 years preceding the date of application:

(1)       A list of the names and addresses of the applicant's previous employers for which the applicant was a driver of a commercial motor vehicle;

(2)       The dates between which the applicant drove for each employer; and

(3)       The reason for leaving that employer.

The applicant shall certify that all information furnished is true and complete.  Any employer may require an applicant to provide additional information. (1989, c. 771, s. 2.)

 

§ 20‑37.19.  Employer responsibilities.

(a)       Each employer shall require the applicant to provide the information specified in G.S. 20‑37.18(c).

(b)       No employer shall knowingly allow, permit, or authorize a driver to drive a commercial motor vehicle during any period:

(1)       In which the driver has had his commercial driver license suspended, revoked, or cancelled by any state, is currently disqualified from driving a commercial vehicle, or is subject to an out‑of‑service order in any state; or

(2)       In which the driver has more than one driver license.

(c)       The employer of any employee who tests positive in a drug or alcohol test required under 49 C.F.R. Part 382 and 49 C.F.R. Part 655 shall notify the Division of Motor Vehicles in writing within five business days following the employer's receipt of confirmation of a positive drug test. The notification shall include the driver's name, address, drivers license number, social security number, and results of the drug or alcohol test. (1989, c. 771, s. 2; 2005‑156, s. 1.)

 

§ 20‑37.20.  Notification of traffic convictions.

(a)       Out‑of‑state Resident. – Within 10 days after receiving a report of the conviction of any nonresident holder of a commercial driver license for any violation of State law or local ordinance relating to motor vehicle traffic control, other than parking violations, committed in a commercial vehicle, the Division shall notify the driver licensing authority in the licensing state of the conviction.

(b)       (For effective date, see note) Foreign Diplomat. – The Division must notify the United States Department of State within 15 days after it receives one or more of the following reports for a holder of a drivers license issued by the United States Department of State:

(1)       A report of a conviction for a violation of State law or local ordinance relating to motor vehicle traffic control, other than parking violations.

(2)       A report of a civil revocation order. (1989, c. 771, s. 2; 2001‑498, s. 7; 2002‑159, s. 31.)

 

§ 20‑37.20A.  Driving record notation for testing positive in a drug or alcohol test.

Upon receipt of notice pursuant to G.S. 20‑37.19(c) of positive result in an alcohol or drug test of a person holding a commercial drivers license, and subject to any appeal of the disqualification pursuant to G.S. 20‑37.20B, the Division shall place a notation on the driving record of the driver. A notation of a disqualification pursuant to G.S. 20‑17.4(l) shall be retained on the record of a person for a period of two years following the end of any disqualification of that person. (2005‑156, s. 3.)

 

§ 20‑37.20B.  Appeal of disqualification for testing positive in a drug or alcohol test.

Following receipt of notice pursuant to G.S. 20‑37.19(c) of a positive test in an alcohol or drug test, the Division shall notify the driver of the pending disqualification of the driver to operate a commercial vehicle and the driver's right to a hearing if requested within 20 days of the date of the notice. If the Division receives no request for a hearing, the disqualification shall become effective at the end of the 20‑day period. If the driver requests a hearing, the disqualification shall be stayed pending outcome of the hearing. The hearing shall take place at the offices of the Division of Motor Vehicles in Raleigh. The hearing shall be limited to issues of testing procedure and protocol. A copy of a positive test result accompanied by certification by the testing officer of the accuracy of the laboratory protocols that resulted in the test result shall be prima facie evidence of a confirmed positive test result. The decision of the Division hearing officer may be appealed in accordance with the procedure of G.S. 20‑19(c6). (2005‑156, s. 4.)

 

§ 20‑37.21.  Penalties.

(a)       Any person who drives a commercial motor vehicle in violation of G.S. 20‑37.12 shall be guilty of a Class 3 misdemeanor and, upon conviction, shall be fined not less than two hundred fifty dollars ($250.00) for a first offense and not less than five hundred dollars ($500.00) for a second or subsequent offense. In addition, upon conviction, the person shall be subject to a civil penalty of not less than one thousand one hundred dollars ($1,100) for the first offense and not more than two thousand seven hundred fifty dollars ($2,750) for a second or subsequent offense.

(b)       Any person who violates G.S. 20‑37.18 shall have committed an infraction and, upon being found responsible, shall pay a penalty of not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00).

(c)       Any employer who violates G.S. 20‑37.19 shall have committed an infraction and, upon being found responsible, shall pay a penalty of not less than five hundred dollars ($500.00) nor more than one thousand dollars ($1,000). In addition, upon conviction, the employer shall be subject to a civil penalty of not less than two thousand seven hundred fifty dollars ($2,750) nor more than eleven thousand dollars ($11,000).

(d)       An employer who knowingly allows, requires, permits, or otherwise authorizes an employee to violate any railroad grade requirements contained in G.S. 20‑142.1 through G.S. 20‑142.5 shall pay a civil penalty of not more than ten thousand dollars ($10,000). (1989, c. 771, s. 2; 1993, c. 539, s. 327; 1994, Ex. Sess., c. 24, s. 14(c); 2005‑349, s. 10.)

 

§ 20‑37.22.  Rule making authority.

The Division may adopt any rules necessary to carry out the provisions of this Article. (1989, c. 771, s. 2.)

 

§ 20‑37.23.  Authority to enter agreements.

The Commissioner shall have the authority to execute or make agreements, arrangements, or declarations to carry out the provisions of this Article. (1989, c. 771, s. 2.)