§ 20-13. Suspension of license of provisional licensee. - North Carolina Statutes

§ 20‑13.  Suspension oflicense of provisional licensee.

(a)        The Division maysuspend, with or without a preliminary hearing, the operator's license of aprovisional licensee upon receipt of notice of the licensee's conviction of amotor vehicle moving violation, in accordance with subsection (b), if theoffense was committed while the person was still a provisional licensee. Asused in this section, the phrase "motor vehicle moving violation"does not include the offenses listed in the third paragraph of G.S. 20‑16(c)for which no points are assessed, nor does it include equipment violationsspecified in Part 9 of Article 3 of this Chapter.  However, if the Divisionrevokes without a preliminary hearing and the person whose license is beingrevoked requests a hearing before the effective date of the revocation, thelicensee retains his license unless it is revoked under some other provision ofthe law, until the hearing is held, the person withdraws his request, or hefails to appear at a scheduled hearing.

(b)        The Division maysuspend the license of a provisional licensee as follows:

(1)        For the first motorvehicle moving violation, the Division may not suspend the license of theprovisional licensee.

(2)        For conviction of asecond motor vehicle moving violation committed within 12 months of the datethe first offense was committed, the Division may suspend the licensee'slicense for up to 30 days.

(3)        For conviction of athird motor vehicle moving violation committed within 12 months of the date thefirst offense was committed, the Division may suspend the licensee's licensefor up to 90 days.

(4)        For conviction of afourth motor vehicle moving violation committed within 12 months of the datethe first offense was committed, the Division may suspend the licensee'slicense for up to six months.

The Division may, in lieu ofsuspension and with the written consent  of the licensee, place the licensee onprobation for a period of not more than 12 months on such terms and conditionsas the Division sees fit to impose.

If the Division suspends theprovisional licensee's license for at least 90 days without a preliminaryhearing, the parent, guardian or other person standing in loco parentis of theprovisional licensee may request a hearing to determine if the provisionallicensee's license should be restored on a probationary status. The Divisionmay wait until one‑half the period of suspension has expired to hold thehearing. The Division may place the licensee on probation for up to 12 monthson such terms and conditions as the Division sees fit to impose, if thelicensee consents in writing to the terms and conditions of probation.

(c)        In the event ofconviction of two or more motor vehicle moving offenses committed on a singleoccasion, a licensee shall be charged,  for purposes of this section, with onlyone moving offense, except as  otherwise provided.

(d)        The suspensionprovided for in this section is in addition to any other remedies which theDivision may have against a licensee under other provisions of law; however,when the license of any person is suspended under this section and at the sametime is also suspended under other provisions of law, the suspensions runconcurrently.

(e)        Repealed by SessionLaws 1987, c. 869, s. 14. (1963, c. 968, s. 1; 1965, c. 897; 1967, c. 295, s. 1;1971, c. 120, ss. 1, 2; 1973, c. 439; 1975, c. 716, s. 5; 1979, c. 555, s. 1;1983, c. 538, ss. 1, 2; 1983 (Reg. Sess., 1984), c. 1101, s. 3; 1987, c. 744,ss. 3, 4; c. 869, s. 14.)