§ 20-9. What persons shall not be licensed. - North Carolina Statutes

§ 20‑9.  What personsshall not be licensed.

(a)        To obtain a regulardrivers license, a person must have reached the minimum age set in thefollowing table for the class of license sought:

Classof Regular License                                               Minimum Age

ClassA                                                                  18

ClassB                                                                  18

ClassC                                                                  16

G.S. 20‑37.13 sets the agequalifications for a commercial drivers license.

(b)        The Division shallnot issue a driver's license to any person whose license has been suspended orrevoked during the period for which the license was suspended or revoked.

(b1)      The Division shallnot issue a drivers license to any person whose permit or license has beensuspended or revoked under G.S. 20‑13.2(c1) during the suspension orrevocation period, unless the Division has restored the person's permit orlicense under G.S. 20‑13.2(c1).

(c)        The Division shallnot issue a driver's license to any person who is an habitual drunkard or is anhabitual user of narcotic drugs or barbiturates, whether or not such use be inaccordance with the prescription of a physician.

(d)        No driver's licenseshall be issued to any applicant who has been previously adjudged insane or anidiot, imbecile, or feebleminded, and who has not at the time of suchapplication been restored to competency by judicial decree or released from ahospital for the insane or feebleminded upon a certificate of thesuperintendent that such person is competent, nor then unless the Division issatisfied that such person is competent to operate a motor vehicle with safetyto persons and property.

(e)        The Division shallnot issue a driver's license to any person when in the opinion of the Divisionsuch person is afflicted with or suffering from such physical or mentaldisability or disease as will serve to prevent such person from exercisingreasonable and ordinary control over a motor vehicle while operating the sameupon the highways, nor shall a license be issued to any person who is unable tounderstand highway warnings or direction signs.

(f)         The Division shallnot issue a driver's license to any person whose license or driving privilegeis in a state of cancellation, suspension or revocation in any jurisdiction, ifthe acts or things upon which the cancellation, suspension or revocation insuch other jurisdiction was based would constitute lawful grounds for cancellation,suspension or revocation in this State had those acts or things been done orcommitted in this State; provided, however, any such cancellation shall notprohibit issuance for a period in excess of 18 months.

(g)        The Division mayissue a driver's license to any applicant covered by subsection (e) of thissection under the following conditions:

(1)        The Division mayissue a license to any person who is afflicted with or suffering from aphysical or mental disability set out in subsection (e) of this section who isotherwise qualified to obtain a license, provided such person submits to theDivision a certificate in the form prescribed in subdivision (2). Until alicense issued under this subdivision expires or is revoked, the licensecontinues in force as long as the licensee presents to the Division acertificate in the form prescribed in subdivision (2) of this subsection at theintervals determined by the Division to be in the best interests of publicsafety.

(2)        The Division shallnot issue a license pursuant to this section unless the applicant has submittedto a physical examination by a physician or surgeon duly licensed to practicemedicine in this State or in any other state of the United States and unlesssuch examining physician or surgeon has completed and signed the certificaterequired by subdivision (1). Such certificate shall be devised by theCommissioner with the advice of qualified experts in the field of diagnosingand treating physical and mental disorders as he may select to assist him andshall be designed to elicit the maximum medical information necessary to aid indetermining whether or not it would be a hazard to public safety to permit theapplicant to operate a motor vehicle, including, if such is the fact, theexamining physician's statement that the applicant is under medication andtreatment and that such person's physical or mental disability is controlled.The certificate shall contain a waiver of privilege and the recommendation ofthe examining physician to the Commissioner as to whether a license should beissued to the applicant.

(3)        The Commissioner isnot bound by the recommendation of the examining physician but shall give fairconsideration to such recommendation in exercising his discretion in actingupon the application, the criterion being whether or not, upon all theevidence, it appears that it is safe to permit the applicant to operate a motorvehicle. The burden of proof of such fact is upon the applicant. In decidingwhether to issue or deny a license, the Commissioner may be guided by opinionof experts in the field of diagnosing and treating the specific physical ormental disorder suffered by an applicant and such experts may be compensatedfor their services on an equitable basis. The Commissioner may also take intoconsideration any other factors which bear on the issue of public safety.

(4)        Whenever a licenseis denied by the Commissioner, such denial may be reviewed by a reviewing boardupon written request of the applicant filed with the Division within 10 daysafter receipt of such denial. The reviewing board shall consist of theCommissioner or his authorized representative and four persons designated bythe chairman of the Commission for Public Health. The persons designated by thechairman of the Commission for Public Health shall be either members of theCommission for Public Health or physicians duly licensed to practice medicinein this State. The members so designated by the chairman of the Commission forPublic Health shall receive the same per diem and expenses as provided by lawfor members of the Commission for Public Health, which per diem and expensesshall be charged to the same appropriation as per diems and expenses formembers of the Commission for Public Health. The Commissioner or his authorizedrepresentative, plus any two of the members designated by the chairman of theCommission for Public Health, constitute a quorum. The procedure for hearingsauthorized by this section shall be as follows:

a.         Applicants shall beafforded an opportunity for hearing, after reasonable notice of not less than10 days, before the review board established by subdivision (4). The noticeshall be in writing and shall be delivered to the applicant in person or sentby certified mail, with return receipt requested. The notice shall state thetime, place, and subject of the hearing.

b.         The review board maycompel the attendance of witnesses and the production of such books, recordsand papers as it desires at a hearing authorized by the section. Upon requestof an applicant, a subpoena to compel the attendance of any witness or asubpoena duces tecum to compel the production of any books, records, or papersshall be issued by the board. Subpoenas shall be directed to the sheriff of thecounty where the witness resides or is found and shall be served and returnedin the same manner as a subpoena in a criminal case. Fees of the sheriff andwitnesses shall be the same as that allowed in the district court in casesbefore that court and shall be paid in the same manner as other expenses of theDivision of Motor Vehicles are paid. In any case of disobedience or neglect ofany subpoena served on any person, or the refusal of any witness to testify toany matters regarding which he may be lawfully interrogated, the district courtor superior court where such disobedience, neglect or refusal occurs, or anyjudge thereof, on application by the board, shall compel obedience or punish asfor contempt.

c.         A hearing may becontinued upon motion of the applicant for good cause shown with approval ofthe board or upon order of the board.

d.         The board shall passupon the admissibility of evidence at a hearing but the applicant affected mayat the time object to the board's ruling, and, if evidence offered by anapplicant is rejected the party may proffer the evidence, and such proffershall be made a part of the record. The board shall not be bound by common lawor statutory rules of evidence which prevail in courts of law or equity and mayadmit and give probative value to evidence which possesses probative valuecommonly accepted by reasonably prudent men in the conduct of their affairs.They may exclude incompetent, immaterial, irrelevant and unduly repetitiousevidence. Uncontested facts may be stipulated by agreement between an applicantand the board and evidence relating thereto may be excluded. All evidence,including records and documents in the possession of the Division of MotorVehicles or the board, of which the board desires to avail itself shall be madea part of the record. Documentary evidence may be received in the form ofcopies or excerpts, or by incorporation by reference. The board shall preparean official record, which shall include testimony and exhibits. A record of thetestimony and other evidence submitted shall be taken, but it shall not benecessary to transcribe shorthand notes or electronic recordings unlessrequested for purposes of court review.

e.         Every decision andorder adverse to an applicant shall be in writing or stated in the record andshall be accompanied by findings of fact and conclusions of law. The findingsof fact shall consist of a concise statement of the board's conclusions on eachcontested issue of fact. Counsel for applicant, or applicant, if he has nocounsel, shall be notified of the board's decision in person or by registeredmail with return receipt requested. A copy of the board's decision withaccompanying findings and conclusions shall be delivered or mailed upon requestto applicant's attorney of record or to applicant, if he has no attorney.

f.          Actions of thereviewing board are subject to judicial review as provided under Chapter 150Bof the General Statutes.

g.         Repealed by SessionLaws 1977, c. 840.

h.         All records andevidence collected and compiled by the Division and the reviewing board shallnot be considered public records within the meaning of Chapter [section] 132‑1,and following, of the General Statutes of North Carolina and may be madeavailable to the public only upon an order of a court of competentjurisdiction. All information furnished by or on behalf of an applicant underthis section shall be without prejudice and shall be for the use of theDivision, the reviewing board or the court in administering this section andshall not be used in any manner as evidence, or for any other purposes in anytrial, civil or criminal.

(h)        The Division shallnot issue a drivers license to an applicant who currently holds a license todrive issued by another state unless the applicant surrenders the license.

(i)         The Division shallnot issue a drivers license to an applicant who has resided in this State forless than 12 months until the Division has searched the National Sex OffenderPublic Registry to determine if the person is currently registered as a sexoffender in another state.

(1)        If the Divisionfinds that the person is currently registered as a sex offender in anotherstate, the Division shall not issue a drivers license to the person until theperson submits proof of registration pursuant to Article 27A of Chapter 14 ofthe General Statutes issued by the sheriff of the county where the personresides.

(2)        If the person doesnot appear on the National Sex Offender Public Registry, the Division shallissue a drivers license but shall require the person to sign an affidavit acknowledgingthat the person has been notified that if the person is a sex offender, thenthe person is required to register pursuant to Article 27A of Chapter 14 of theGeneral Statutes.

(3)        If the Division isunable to access all states' information contained in the National Sex OffenderPublic Registry, but the person is otherwise qualified to obtain a driverslicense, then the Division shall issue the drivers license but shall firstrequire the person to sign an affidavit stating that: (i) the person does notappear on the National Sex Offender Public Registry and (ii) acknowledging thatthe person has been notified that if the person is a sex offender, then theperson is required to register pursuant to Article 27A of Chapter 14 of theGeneral Statutes. The Division shall search the National Sex Offender PublicRegistry for the person within a reasonable time after access to the Registryis restored. If the person does appear in the National Sex Offender PublicRegistry, the person is in violation of G.S. 20‑30, and the Divisionshall immediately revoke the drivers license and shall promptly notify thesheriff of the county where the person resides of the offense.

(4)        Any person denied alicense or whose license has been revoked by the Division pursuant to thissubsection shall have a right to file a petition within 30 days thereafter fora hearing in the matter in the superior court of the county wherein such personshall reside, or to the resident judge of the district or judge holding thecourt of that district, or special or emergency judge holding a court in suchdistrict, and such court or judge is hereby vested with jurisdiction, and itshall be its or his duty to set the matter for hearing upon 30 days' writtennotice to the Division, and thereupon to take testimony and examine into thefacts of the case and to determine whether the petitioner is entitled to alicense under the provisions of this subsection and whether the petitioner isin violation of G.S. 20‑30. (1935, c. 52, s. 4; 1951, c. 542, s. 3; 1953, c. 773;1955, c. 118, s. 7; 1967, cc. 961, 966; 1971, c. 152; c. 528, s. 11; 1973, cc.135, 441; c. 476, s. 128; c. 1331, s. 3; 1975, c. 716, s. 5; 1979, c. 667, ss.14, 41; 1983, c. 545; 1987, c. 827, s. 1; 1989, c. 771, s. 7; 1991, c. 726, s.6; 1993, c. 368, s. 2; c. 533, s. 4; 1999‑243, s. 4; 1999‑452, s.8; 2003‑14, s. 1; 2006‑247, s. 19(c); 2007‑182, s. 2.)