§ 20-37.12. Commercial drivers license required. - North Carolina Statutes

§ 20‑37.12.  Commercialdrivers license required.

(a)        On or after April1, 1992, no person shall operate a commercial motor vehicle on the highways ofthis State unless he has first been issued and is in immediate possession of acommercial drivers license with applicable endorsements valid for the vehiclehe is driving; provided, a person may operate a commercial motor vehicle afterbeing issued and while in possession of a commercial driver learner's permitand while accompanied by the holder of a commercial drivers license valid forthe vehicle being driven.

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

(c)        Repealed by SessionLaws 1991, c. 726, s. 15.

(d)        (Effective untilMarch 31, 2010)  Any person who is not a resident of this State, who hasbeen issued a commercial drivers license by his state of residence, who hasthat license in his immediate possession, whose privilege to drive any motorvehicle is not suspended, revoked, or cancelled, and who has not beendisqualified from driving a commercial motor vehicle shall be permitted withoutfurther examination or licensure by the Division to drive a commercial motorvehicle in this State.

(d)        (Effective March31, 2010)  Any person who is not a resident of this State, who has beenissued a commercial drivers license by his state of residence, or who holds anylicense recognized by the federal government that grants the privilege ofdriving a commercial motor vehicle, who has that license in his immediatepossession, whose privilege to drive any motor vehicle is not suspended,revoked, or cancelled, and who has not been disqualified from driving acommercial motor vehicle shall be permitted without further examination orlicensure by the Division to drive a commercial motor vehicle in this State.

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

(f)         A person shall notbe convicted of failing to carry a commercial drivers license if, by the datethe person is required to appear in court for the violation, the personproduces to the court a commercial drivers license issued to the person thatwas 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; 2009‑416, s. 5.)