§ 20-13.2. Grounds for revoking provisional license. - North Carolina Statutes

§20‑13.2.  Grounds for revoking provisional license.

(a)        The Division mustrevoke the license of a person convicted of violating the provisions of G.S. 20‑138.3upon receipt of a record of the licensee's conviction.

(b)        If a person isconvicted of an offense involving impaired driving and the offense occurs whilehe is less than 21 years old, his license must be revoked under this section inaddition to any other revocation required or authorized by law.

(c)        If a personwillfully refuses to submit to a chemical analysis pursuant to G.S. 20‑16.2while he is less than 21 years old, his license must be revoked under thissection, in addition to any other revocation required or authorized by law. Arevocation order entered under authority of this subsection becomes effectiveat the same time as a revocation order issued under G.S. 20‑16.2 for thesame willful refusal.

(c1)      Upon receipt ofnotification from the proper school authority that a person no longer meets therequirements for a driving eligibility certificate under G.S. 20‑11(n),the Division must expeditiously notify the person that his or her permit orlicense is revoked effective on the tenth calendar day after the mailing of therevocation notice. The Division must revoke the permit or license of thatperson on the tenth calendar day after the mailing of the revocation notice.Notwithstanding subsection (d) of this section, the length of revocation mustlast for the following periods:

(1)        If the revocation isbecause of ineligibility for a driving eligibility certificate under G.S. 20‑11(n)(1),then the revocation shall last until the person's eighteenth birthday.

(2)        If the revocation isbecause of ineligibility for a driving eligibility certificate under G.S. 20‑11(n1),then the revocation shall be for a period of one year.

For a person whose permit orlicense was revoked due to ineligibility for a driving eligibility certificateunder G.S. 20‑11(n)(1), the Division must restore a person's permit orlicense before the person's eighteenth birthday, if the person submits to theDivision one of the following:

(1)        A high schooldiploma or its equivalent.

(2)        A drivingeligibility certificate as required under G.S. 20‑11(n).

For a person whose permit orlicense was revoked due to ineligibility for a driving eligibility certificateunder G.S. 20‑11(n1), the Division shall restore a person's permit orlicense before the end of the revocation period, if the person submits to theDivision a driving eligibility certificate as required under G.S. 20‑11(n).

Notwithstanding any other law,the decision concerning whether a driving eligibility certificate was properlyissued or improperly denied shall be appealed only as provided under the rulesadopted in accordance with G.S. 115C‑12(28), 115D‑5(a3), or 115C‑566,whichever is applicable, and may not be appealed under this Chapter.

(c2)      The Division mustrevoke the permit or license of a person under the age of 18 upon receiving arecord of the person's conviction for malicious use of an explosive orincendiary device to damage property (G.S. 14‑49(b) and (b1)); conspiracyto injure or damage by use of an explosive or incendiary device (G.S. 14‑50);making a false report concerning a destructive device in a public building(G.S. 14‑69.1(c)); perpetrating a hoax concerning a destructive device ina public building (G.S. 14‑69.2(c)); possessing or carrying a dynamitecartridge, bomb, grenade, mine, or powerful explosive on educational property(G.S. 14‑269.2(b1)); or causing, encouraging, or aiding a minor topossess or carry a dynamite cartridge, bomb, grenade, mine, or powerfulexplosive on educational property (G.S. 14‑269.2(c1)).

(d)        The length ofrevocation under this section shall be one year. Revocations under this sectionrun concurrently with any other revocations.

(e)        Before the Divisionrestores a driver's license that has been suspended or revoked under anyprovision of this Article, other than G.S. 20‑24.1, the person seeking tohave his driver's license restored shall submit to the Division proof that hehas notified his insurance agent or company of his seeking the restoration andthat he is financially responsible. Proof of financial responsibility shall bein one of the following forms:

(1)        A writtencertificate or electronically‑transmitted facsimile thereof from anyinsurance carrier duly authorized to do business in this State certifying thatthere is in effect a nonfleet private passenger motor vehicle liability policyfor the benefit of the person required to furnish proof of financialresponsibility. The certificate or facsimile shall state the effective date andexpiration date of the nonfleet private passenger motor vehicle liabilitypolicy and shall state the date that the certificate or facsimile is issued.The certificate or facsimile shall remain effective proof of financialresponsibility for a period of 30 consecutive days following the date thecertificate or facsimile is issued but shall not in and of itself constitute abinder or policy of insurance or

(2)        A binder for orpolicy of nonfleet private passenger motor vehicle liability insurance underwhich the applicant is insured, provided that the binder or policy states theeffective date and expiration date of the nonfleet private passenger motorvehicle liability policy.

The preceding provisions ofthis subsection do not apply to applicants who do not own currently registeredmotor vehicles and who do not operate nonfleet private passenger motor vehiclesthat are owned by other persons and that are not insured under commercial motorvehicle liability insurance policies. In such cases, the applicant shall sign awritten certificate to that effect. Such certificate shall be furnished by theDivision and may be incorporated into the restoration application form. Anymaterial misrepresentation made by such person on such certificate shall begrounds for suspension of that person's license for a period of 90 days.

For the purposes of thissubsection, the term "nonfleet private passenger motor vehicle" hasthe definition ascribed to it in Article 40 of General Statute Chapter 58.

The Commissioner may requirethat certificates required by this subsection be on a form approved by theCommissioner. The financial responsibility required by this subsection shall bekept in effect for not less than three years after the date that the license isrestored. Failure to maintain financial responsibility as required by thissubsection shall be grounds for suspending the restored driver's license for aperiod of thirty (30) days. Nothing in this subsection precludes any personfrom showing proof of financial responsibility in any other manner authorizedby Articles 9A and 13 of this Chapter. (1983, c. 435, s. 33; 1987,c. 869, s. 12; 1989, c. 436, s. 3; 1993, c. 285, s. 8; 1995, c. 506, ss. 3, 4,5; 1997‑507, s. 2; 1999‑243, s. 3; 1999‑257, s. 4.)