Motor Vehicle Laws
What are the 6 definitions used throughout motor vehicle code?
1) Division or Division of Motor Vehicles (DMV) 2) Operator or driver 3) Vehicle 4) Motor Vehicle 5) Street or Highway 6) Public Vehicular Area (PVA)
What are included in the definition of License?
1) any temporary license or learners permit; 2) The privilege of any person to drive a motor vehicle whether or not such person holds a valid license; and 3) any non-resident's operating privilege
What is the criteria for a moped?
1) vehicle with 2 or 3 wheels 2) NO external shifting device 3) a motor not to exceed 50 cc's 4) cannot propel vehicle more than 30mph on level surface.
Commercial Motor Vehicles provide over ________ of the shipping required by American industry and employ over _____________ Drivers.
2/3 1.5 million
The application of a new certificate of title must be submitted within _______ days after the vehicle is transferred.
28
A driver license, for a person in the reserve component of the armed forces and stationed outside of NC, is considered valid for _______ days after release from Active Duty.
60
After a person establishes residence is NC, the person may operate on a license valid in another State up to ____________ days.
60
What is an "operator"?
A person who is in actual physical control of a motor vehicle which is in motion or which has the engine running.
Instruction Permit
Allows a person under 18 to drive in a driver education program
Driving Certificate
Allows driving for 20 days till DMV determines whether to renew a license
Class A, B, C Regular driver's license
Allows driving of non-commercial motor vehicles
Sidewalks, ditches, or even the shoulder of a ditch are considered part of what?
Highway, for the motor vehicle statues
Laws governing vehicles apply to animals that are ridden or driven except ________________________ in regards to DWI.
Horses
Loss of License under Point System
If a driver receives 12 points in a three-year period - Commercial vehicles receive two times the points for violations - Points apply only for violations in NC - Points assessed for violation of great point value (if 2 violations at same time)
A non-resident whose license was revoked, not by NC DMV, should be charged with___________________.
NOL
A person's license that was revoked, but revocation period has ended, and person has not paid the reinstatement fee, should be charged with __________.
NOL
A driver who does not comply with the restrictions on the license must be charged with ____________________________.
NOL Exceptions: - Use of interlock ignition = DWLR - violation of limited driving privilege = DWLR
Who must register the motor vehicle?
Owner of: - a motor vehicle - motorcycle - Trailer - semi-trailer
The area used by the public for vehicular traffic at any time, including by way of illustration and not limitation, any drive, driveway, road, roadway, street, alley, or parking lot; defines what?
Public Vehicular Area (PVA)
Class C Motor Vehicle
i) A single motor vehicle not included in Class B. ii) A combination of motor vehicles not included in Class A or Class B
Class B Motor Vehicle
i) A single motor vehicle that has a GVWR of at least 26,001 pounds. ii) A combination of motor vehicles that includes as part of the combination a towing unit [tractor] that has a GVWR of at least 26,001 pounds and a towed unit [trailer] that has a GVWR of less than 10,001 pounds
Class A motor vehicle
i) Has a combined gross vehicle weight rating (GVWR) rating of at least 26,001 pounds and includes as part of the combination a towed unit [trailer] that has a GVWR of at least 10,001 pounds. ii) Has a combined GVWR of less than 26,001 pounds and included as a part of the combination a towed unit [trailer] that has a GVWR of at least 10,001 pounds
Class C CDL drivers license
i) Is designed to transport 16 or more passengers, including the driver ii) Is transporting hazardous materials and is required to be placarded
School and Activity Buses
i) occupied by 1 or more child passgers Driver Must: - be at least 18 - have a Class A, B, or C CDL - School bus certificate
National Highway Traffic Safety Administration (NHTSA) reports that _______________________ are the leading cause of death for persons ages ______ to _______.
motor vehicle crashes 4 - 34
In 2011, how many vehicles were registered in NC?
over 7.2 million
A valid, current registration plate must be on the _______ of the vehicle.
rear
To assist in proving the intention of a person, a person who stays in NC for more than _______ months is presumed to be a Resident.
six
How is Vehicle defined according G.S. 20-4.01?
"Every device in, upon or by which any person or property is or may be transported or drawn upon a highway, excepting devices moved by human power or used exclusively upon fixed rails or tracks.
What is the only endorsement authorized?
"M" - required to operate a motorcycle.
Driver License Points
- 5 points: Passing a Stopped School Bus; Aggressive Driving - 4 points: Reckless Driving; Illegal Passing; Driving on Wrong Side of Road - 3 points: Running a Stop Sign; No Insurance; Speeding in School Zone
Graduated Driver License Law
- Any person under 18 - 3 levels of licensing
Vehicles Exempt from Registration
- Farm tractors ~ Military vehicles ~ Vehicles owned/operated by US Government ~ Mopeds - Tow dollies designed to tow less than 5,000 lbs - motorized wheel chairs less than 1000 lbs - electric personal assistive mobility devices
NC Statutes which revoke a driver license:
- Habitual DWI - Prearranged racing - Driving While License Revoked (DWLR) - Conviction of a moving violation while revoked - Speeding over 15 MPH over speed limit, 55 or 80
Mandatory revocation of driving privileges for offenses:
- Manslaughter resulting from motor vehicle operation - Impaired driving - Impaired driving if ETOH was .04 or higher - Any felony involving motor vehicvle - Failure to stop and render aid - perjury or making false statement under oath -ect
Vehicles are exempt from NC regular registration when displaying the following types of plates:
- Manufacturer's or dealer's plates - Temporary registration plates - Transporter plates - non-residents
Who is exempt from the license requirement?
- Persons driving Armed Forces vehicles during military service. - Any person driving a farm tractor or road machine on a highway temporarily, however, prohibits youth under the age 14 from driving farm equipment on highways unless youth is engaged in farming operations and highway is adjacent to or runs in front of the land upon which the youth lives. - Non-residents licensed in other states and countries may operate commercial and non-commercial motor vehicles in this state so long as they are at least 16 y/o and are authorized in their home state to drive the class of vehicle they are driving. - Military personnel and their spouses fall within this exemption. - Drivers from Canada and Mexico may operate commercial motor vehicles in NC using a Canadian or Mexican CDL.
Types of License plates
- Private passenger - Weighted (7,000 - 26,001) - Commercial (26,001 or more) - Permanent Tags (Gov't owned vehicles. State=yellow, orange=city/county) Farmers Tag
LDP may restrict the driver to:
- Specified times - vehicles - or highways
CDL Exempt Vehicles
- Vehicles used for personal use, such as recreational vehicles - Vehicles owned/operated by DoD - Any vehicle used as firefighting or emergency equipment to preserve life or property - Farm vehicles - Vehicles transporting personal property when operator has not been hired, if rented for 30 days or less (U-haul)
Ways other than by convictions in NC courts
- Willful refusal to submit to a chemical analysis - Failure to comply with an out-of-state citation from a state which is a member of non-resident violator compact - Failure to appear to answer any charge of Motor vehicle code - Failure to pay fine, costs, penalty, or fee - Failure to have insurance - Failure to pay a judgement - Willful failure to pay child support
NC DMV may revoke the driver license of a NC resident for a conviction in another state of what offenses:
- exceeding posted speed limit of 55+ by more than 15mph - DWLS/R - careless/reckless driving - engaging in prearranged speed competition - engaging willfully in speed competition - hit-and-run driving resulting in damage to property - unlawfully passing a stopped school bus - illegal transportation of alcoholic beverages - & the offenses included in G.S. 20-17 and any serious traffic violation that involves a commercial motor vehicle and is not otherwise required to be kept under this subsection.
Class A CDL
-Combination GVWR of 26,001+ lbs -CVWR of towed vehicles >10,001 lbs
DMV procedures involving points
1) 4 points: DMV mails warning letter 2) 7 points: DMV may request driver to attend driving clinic (removes 3 points, once in 5 years) 3) 12 Points: DMV may suspend license
Driver License Requirements (8)
1) Age 2) Must be mentally and physically able to safely drive a motor vehicle. 3) Must know the rules-of-the-road for the type of license or permit desired 4) Must pay the fee 5) Must pass an examination (may include: road, vision, oral, and written tests) 6) Must have the ability to drive the class of vehicle for which he is to be licensed 7) Must furnish proof of financial responsibility (insurance)
Some people are specifically prohibited from receiving a license from DMV; and they are: (4)
1) Any person whose license is revoked and the period of revocation is not over; 2) Any person who habitually uses narcotics or barbiturates, or is is a habitual drunkard; 3) Any person with a physical or mental disability or disease that may prevent such person from exercising reasonable and ordinary control over a motor vehicle, or who is unable to understand highway warnings or direction signs. 4) Any persons who have lost their driving privileges in another state for an offense that would have caused them to lose their licenses in this State had the offense been committed in this State.
Required documentation to register a vehicle?
1) Certificate of insurance called "Financial Responsibility. - minimum amounts: $30K/$60K/25K 2) Documents showing ownership 3) current equipment inspection
Full Provisional License
16 to under 18 Person must have had limited provisional license for at least 6 months.
Driver License Suspension
1st: 60 days or less 2nd: 6 months or less 3rd and subsequent: 1 year or less
Limited Provisional License
At least 16, under 18, and held Limited Learner's Permit for at least 12 months. Level 2 Restrictions: - Have license in possession - May drive w/o supervision - 5 am - 9pm - driving to and from work - to and from volunteer activity - driving w/o supervision; no more than 1 passenger under 21 - drive anytime under supervision
Failure to disclose damage to a vehicle.
Class 2 Misdemeanor - exceeds 25% of fair market value - made in writing before transfer of any vehicle up to 5 model years old.
Failure to be licensed to operate a CMV.
Class 3 Misdemeanor 1st offense: fined at least $250 2nd & subsequent offense: fined at least $500
"Any driver's license or any other license or permit to operate a motor vehicle issued under or granted by the laws of this state."
Definition of "License"
________________________ means the driver loses the privilege to drive a CMV but may obtain a regular class C license.
Disqualification
Any violation of LDP restrictions is considered what?
Driving While License revoked (DWLR)
What are considered PVA's?
General Statute - Any private or public hospital, college, university, school, orphanage, church or any of the institutions, parks, or other facilities maintained and supported by NC or any of its subdivisions Any service station, drive-in theater, supermarket, store, restaurant, or office building or any other business, residential or municipal establishment providing parking space whether the business is open or closed. - Any property owned by the U.S. and subject to jurisdiction of NC. - The area is a beach area used by the public for vehicular traffic. - Area is a road used for vehicular traffic with in or leading to a gated or non-gated subdivision or community, whether or not the subdivision roads have been offered dedication to the public. - The area is a portion of private property used by vehicular traffic and designated by the private property owner as a PVA. Case Law inclusion - An area not open for vehicular traffic all the time but is at the time of the offense. (ball field used for parking of a special event) - Area between the front of a store and the parking lot. - Parking lot at a bar which had an ABC permit as a private club.
CDL endorsements
H - Authorizes transportation of hazardous materials M - motorcycles N - Tank vehicles not carrying hazardous materials P - carrying passengers T - double trailers X - Tank vehicles carrying Hazardous materials S - school bus
When discussing motor vehicle law, there is no definition for road, therefor the only two terms to be used are ____________________ & ___________________.
Highway Street
Is an International Driver License recognized by North Carolina?
NO Must have a license from his or her home country.
________________________ are issued to students enrolled in an approved driver education class. Distributed by driver education representatives and presumably should be used only in the presence of the driver education instructor. This permit may be issued to persons who are age ____________.
Instruction Permit 14 1/2
Who can issue Limited Driving Privileges?
Issued in court by a Judge.
What is the Driver License Compact (DLC)?
It's an agreement amount the states to to report motor vehicle convictions to the state that issues the driver license so that each driver will have one complete record. The state issuing the license takes action against the license based upon the out-of-state conviction that the law allows.
This document is a court order authorizing a person to drive during a period of revocation.
Limited Driving Privilege (LDP)
Issued by a court, and allows restricted driving for persons who have been convicted of motor vehicle offenses which result in the revocation of the person's drivers license.
Limited driving privileges
Limited Learners Permit
Limited provisional license and provisional license - for persons under 18.
The term Motor vehicle, does not include _________________ or ______________________ unless otherwise specifically provided.
Mopeds Electric assisted bicycles
Every vehicle which is self-propelled and every vehicle designed to run upon the highways which is pulled by a self-propelled vehicle, defines what?
Motor Vehicle
Revocation of License
Results in the loss of a CDL and regular driver license
The term "Roadway" is used to refer to what?
The part of the highway improved, designed or ordinarily used for vehicular traffic, exclusive of the shoulder.
Vehicles such as _____________________ and _____________________ when being towed are considered vehicles b/c they were designed to run upon the highway
Trailers of all kinds Mobile homes
What are bicycles classified as?
Vehicles
Can a driver be charged with NOL for failing to carry the license?
Yes
A person in charge of a motor vehicle , when requested by an officer in uniform must produce what?
a license
Class A, B, and C commercial driver's license
allows driving of commercial motor vehicles
Limited Learner's Permit
at least 15 and under 18 - must have permit in possession Level 1 Restrictions: - have driver licensed for 5 years in front seat) (parent guardian etc... grandparents) - first 6 months only can drive 5am-9pm - after 6 months may drive anytime - no cell phone
