§ 20‑20.1. Limiteddriving privilege for certain revocations.
(a) Definitions. Thefollowing definitions apply in this section:
(1) Limited drivingprivilege. A judgment issued by a court authorizing a person with a revokeddrivers license to drive under specified terms and conditions.
(2) Nonstandard workinghours. Anytime other than 6:00 A.M. until 8:00 P.M. on Monday through Friday.
(3) Standard workinghours. Anytime from 6:00 A.M. until 8:00 P.M. on Monday through Friday.
(4) Underlying offense. The offense for which a person's drivers license was revoked when the personwas charged under G.S. 20‑28(a), driving with a revoked license, or underG.S. 20‑28.1, committing a motor vehicle moving offense while drivingwith a revoked license.
(b) Eligibility. Aperson is eligible to apply for a limited driving privilege under this sectionif all of the following conditions apply:
(1) The person's licenseis currently revoked under G.S. 20‑28(a) or G.S. 20‑28.1.
(2) The person hascomplied with the revocation for the period required in subsection (c) of thissection immediately preceding the date the person files a petition for alimited driving privilege under this section.
(3) The person'sunderlying offense is not an offense involving impaired driving and, if theperson's license is revoked under G.S. 20‑28.1 for committing a motorvehicle moving offense while driving with a revoked license, the moving offenseis not an offense involving impaired driving.
(4) The revocationperiod for the underlying offense has expired.
(5) The revocation underG.S. 20‑28(a) or G.S. 20‑28.1 is the only revocation in effect.
(6) The person is noteligible to receive a limited driving privilege under any other law.
(7) The person has notheld a limited driving privilege issued under this section at anytime duringthe three years prior to the date the person files the current petition.
(8) The person has nopending charges for any motor vehicle offense in this or in any other state andhas no unpaid motor vehicle fines or penalties in this or in any other state.
(9) The person's driverslicense issued by another state has not been revoked by that state.
(10) G.S. 20‑9(e) orG.S. 20‑9(f) does not prohibit the Division from issuing the person alicense.
(c) Compliance Period. The following table sets out the period during which a person must complywith a revocation under G.S. 20‑28(a) or G.S. 20‑28.1 to beeligible for a limited driving privilege under this section:
Revocation Period CompliancePeriod
1Year 90 Days
2 Years 1Year
Permanent 2Years
(d) Petition. Aperson may apply for a limited driving privilege under this section by filing apetition. A petition filed under this section is separate from the action thatresulted in the initial revocation and is a civil action. A petition must befiled in district court in the county of the person's residence as reflected bythe Division's records or, if the Division's records are inaccurate, in thecounty of the person's actual residence. A person must attach to a petition acopy of the person's motor vehicle record. A petition must include a swornstatement that the person filing the petition is eligible for a limited drivingprivilege under this section.
A court, for good cause shown,may issue a limited driving privilege to an eligible person in accordance withthis section. The costs required under G.S. 7A‑305(a) and G.S. 20‑20.2apply to a petition filed under this section. The clerk of court for the courtthat issues a limited driving privilege under this section must send a copy ofthe limited driving privilege to the Division.
(e) Scope of Privilege. A limited driving privilege restricts the person to essential driving relatedto one or more of the purposes listed in this subsection. Any driving that isnot related to the purposes authorized in this subsection is unlawful eventhough done at times and upon routes that may be authorized by the privilege.Except as otherwise provided, all driving must be for a purpose and done withinthe restrictions specified in the privilege.
The permissible purposes for alimited driving privilege are:
(1) Travel to and fromthe person's place of employment and in the course of employment.
(2) Travel necessary formaintenance of the person's household.
(3) Travel to provideemergency medical care for the person or for an immediate family member of theperson who resides in the same household with the person. Driving related toemergency medical care is authorized at anytime and without restriction as toroutes.
(f) Employment Drivingin Standard Working Hours. The court may authorize driving for employment‑relatedpurposes during standard working hours without specifying times and routes forthe driving. If the person is required to drive for essential employment‑relatedpurposes only during standard working hours, the limited driving privilege mustprohibit driving during nonstandard working hours unless the driving is foremergency medical care or for authorized household maintenance. The limiteddriving privilege must state the name and address of the person's employer andmay, in the discretion of the court, include other information and restrictionsapplicable to employment‑related driving.
(g) Employment Drivingin Nonstandard Working Hours. If a person is required to drive duringnonstandard working hours for an essential employment‑related purpose andthe person provides documentation of that fact to the court, the court mayauthorize the person to drive for that purpose during those hours. If theperson is self‑employed, the documentation must be attached to or made apart of the limited driving privilege. If the person is employed by another,the limited driving privilege must state the name and address of the person'semployer and may, in the discretion of the court, include other information andrestrictions applicable to employment‑related driving. If the courtdetermines that it is necessary for the person to drive during nonstandardworking hours for an employment‑related purpose, the court may authorizethe person to drive subject to these limitations:
(1) If the person isrequired to drive to and from a specific place of employment at regular times,the limited driving privilege must specify the general times and routes bywhich the person may drive to and from work and must restrict driving to thosetimes and routes.
(2) If the person isrequired to drive to and from work at a specific place but is unable to specifythe times during which the driving will occur, the limited driving privilegemust specify the general routes by which the person may drive to and from workand must restrict driving to those general routes.
(3) If the person isrequired to drive to and from work at regular times but is unable to specifythe places at which work is to be performed, the limited driving privilege mustspecify the general times and geographic boundaries within which the person maydrive and must restrict driving to those times and boundaries.
(4) If the person canspecify neither the times nor places in which the person will be driving to andfrom work, the limited driving privilege must specify the geographic boundarieswithin which the person may drive and must restrict driving to thoseboundaries.
(h) HouseholdMaintenance. A limited driving privilege may allow driving for maintenance ofthe household only during standard working hours. The court, at its discretion,may impose additional restrictions on driving for the maintenance of thehousehold.
(i) Restrictions. Alimited driving privilege that is not authorized by this section or that doesnot contain the restrictions required by law is invalid. A limited drivingprivilege issued under this section is subject to the following conditions:
(1) Financialresponsibility. A person applying for a limited driving privilege under thissection must provide the court proof of financial responsibility acceptableunder G.S. 20‑16.1(g) and must maintain the financial responsibilityduring the period of the limited driving privilege.
(2) Alcoholrestrictions. A person who received a limited driving privilege under thissection may not consume alcohol while driving or drive at anytime while theperson has remaining in the person's body any alcohol or controlled substancepreviously consumed, unless the controlled substance was lawfully obtained andtaken in therapeutically appropriate amounts.
(3) Others. The courtmay impose any other reasonable restrictions or conditions necessary to achievethe purposes of this section.
(j) Term andReinstatement. The term of a limited driving privilege issued under thissection is the shorter of one year or the length of time remaining in therevocation period imposed under G.S. 20‑28(a) or G.S. 20‑28.1. Whenthe term of the limited driving privilege expires, the Division must reinstatethe person's license if the person meets all of the conditions listed in thissubsection. The Division may impose restrictions or conditions on the newlicense in accordance with G.S. 20‑7(e). The conditions are:
(1) Payment of therestoration fee as required under G.S. 20‑7(i1).
(2) Providing proof offinancial responsibility as required under G.S. 20‑7(c1).
(3) Providing the proofrequired for reinstatement of a license under G.S. 20‑28(c1).
(k) Modification. Acourt may modify or revoke a person's limited driving privilege issued underthis section upon a showing that the circumstances have changed sufficiently tojustify modification or revocation. If the judge who issued the privilege isnot presiding in the court in which the privilege was issued, a presiding judgein that court may modify or revoke the privilege. The judge must indicate inthe order of modification or revocation the reasons for the order or makespecific findings indicating the reason for the order and enter those findingsin the record of the case. When a court issues an order of modification orrevocation, the clerk of court must send a copy of the order to the Division.
(l) Effect ofViolation. A violation of a limited driving privilege issued under thissection constitutes the offense of driving while license revoked under G.S. 20‑28.When a person is charged with operating a motor vehicle in violation of thelimited driving privilege, the limited driving privilege is suspended pendingthe final disposition of the charge. (2007‑293, s. 1; 2007‑323, s. 30.11(d);2007‑345, s. 9.1(c); 2008‑118, s. 2.9(b).)
§ 20‑20.1. Limiteddriving privilege for certain revocations.
(a) Definitions. Thefollowing definitions apply in this section:
(1) Limited drivingprivilege. A judgment issued by a court authorizing a person with a revokeddrivers license to drive under specified terms and conditions.
(2) Nonstandard workinghours. Anytime other than 6:00 A.M. until 8:00 P.M. on Monday through Friday.
(3) Standard workinghours. Anytime from 6:00 A.M. until 8:00 P.M. on Monday through Friday.
(4) Underlying offense. The offense for which a person's drivers license was revoked when the personwas charged under G.S. 20‑28(a), driving with a revoked license, or underG.S. 20‑28.1, committing a motor vehicle moving offense while drivingwith a revoked license.
(b) Eligibility. Aperson is eligible to apply for a limited driving privilege under this sectionif all of the following conditions apply:
(1) The person's licenseis currently revoked under G.S. 20‑28(a) or G.S. 20‑28.1.
(2) The person hascomplied with the revocation for the period required in subsection (c) of thissection immediately preceding the date the person files a petition for alimited driving privilege under this section.
(3) The person'sunderlying offense is not an offense involving impaired driving and, if theperson's license is revoked under G.S. 20‑28.1 for committing a motorvehicle moving offense while driving with a revoked license, the moving offenseis not an offense involving impaired driving.
(4) The revocationperiod for the underlying offense has expired.
(5) The revocation underG.S. 20‑28(a) or G.S. 20‑28.1 is the only revocation in effect.
(6) The person is noteligible to receive a limited driving privilege under any other law.
(7) The person has notheld a limited driving privilege issued under this section at anytime duringthe three years prior to the date the person files the current petition.
(8) The person has nopending charges for any motor vehicle offense in this or in any other state andhas no unpaid motor vehicle fines or penalties in this or in any other state.
(9) The person's driverslicense issued by another state has not been revoked by that state.
(10) G.S. 20‑9(e) orG.S. 20‑9(f) does not prohibit the Division from issuing the person alicense.
(c) Compliance Period. The following table sets out the period during which a person must complywith a revocation under G.S. 20‑28(a) or G.S. 20‑28.1 to beeligible for a limited driving privilege under this section:
Revocation Period CompliancePeriod
1Year 90 Days
2 Years 1Year
Permanent 2Years
(d) Petition. Aperson may apply for a limited driving privilege under this section by filing apetition. A petition filed under this section is separate from the action thatresulted in the initial revocation and is a civil action. A petition must befiled in district court in the county of the person's residence as reflected bythe Division's records or, if the Division's records are inaccurate, in thecounty of the person's actual residence. A person must attach to a petition acopy of the person's motor vehicle record. A petition must include a swornstatement that the person filing the petition is eligible for a limited drivingprivilege under this section.
A court, for good cause shown,may issue a limited driving privilege to an eligible person in accordance withthis section. The costs required under G.S. 7A‑305(a) and G.S. 20‑20.2apply to a petition filed under this section. The clerk of court for the courtthat issues a limited driving privilege under this section must send a copy ofthe limited driving privilege to the Division.
(e) Scope of Privilege. A limited driving privilege restricts the person to essential driving relatedto one or more of the purposes listed in this subsection. Any driving that isnot related to the purposes authorized in this subsection is unlawful eventhough done at times and upon routes that may be authorized by the privilege.Except as otherwise provided, all driving must be for a purpose and done withinthe restrictions specified in the privilege.
The permissible purposes for alimited driving privilege are:
(1) Travel to and fromthe person's place of employment and in the course of employment.
(2) Travel necessary formaintenance of the person's household.
(3) Travel to provideemergency medical care for the person or for an immediate family member of theperson who resides in the same household with the person. Driving related toemergency medical care is authorized at anytime and without restriction as toroutes.
(f) Employment Drivingin Standard Working Hours. The court may authorize driving for employment‑relatedpurposes during standard working hours without specifying times and routes forthe driving. If the person is required to drive for essential employment‑relatedpurposes only during standard working hours, the limited driving privilege mustprohibit driving during nonstandard working hours unless the driving is foremergency medical care or for authorized household maintenance. The limiteddriving privilege must state the name and address of the person's employer andmay, in the discretion of the court, include other information and restrictionsapplicable to employment‑related driving.
(g) Employment Drivingin Nonstandard Working Hours. If a person is required to drive duringnonstandard working hours for an essential employment‑related purpose andthe person provides documentation of that fact to the court, the court mayauthorize the person to drive for that purpose during those hours. If theperson is self‑employed, the documentation must be attached to or made apart of the limited driving privilege. If the person is employed by another,the limited driving privilege must state the name and address of the person'semployer and may, in the discretion of the court, include other information andrestrictions applicable to employment‑related driving. If the courtdetermines that it is necessary for the person to drive during nonstandardworking hours for an employment‑related purpose, the court may authorizethe person to drive subject to these limitations:
(1) If the person isrequired to drive to and from a specific place of employment at regular times,the limited driving privilege must specify the general times and routes bywhich the person may drive to and from work and must restrict driving to thosetimes and routes.
(2) If the person isrequired to drive to and from work at a specific place but is unable to specifythe times during which the driving will occur, the limited driving privilegemust specify the general routes by which the person may drive to and from workand must restrict driving to those general routes.
(3) If the person isrequired to drive to and from work at regular times but is unable to specifythe places at which work is to be performed, the limited driving privilege mustspecify the general times and geographic boundaries within which the person maydrive and must restrict driving to those times and boundaries.
(4) If the person canspecify neither the times nor places in which the person will be driving to andfrom work, the limited driving privilege must specify the geographic boundarieswithin which the person may drive and must restrict driving to thoseboundaries.
(h) HouseholdMaintenance. A limited driving privilege may allow driving for maintenance ofthe household only during standard working hours. The court, at its discretion,may impose additional restrictions on driving for the maintenance of thehousehold.
(i) Restrictions. Alimited driving privilege that is not authorized by this section or that doesnot contain the restrictions required by law is invalid. A limited drivingprivilege issued under this section is subject to the following conditions:
(1) Financialresponsibility. A person applying for a limited driving privilege under thissection must provide the court proof of financial responsibility acceptableunder G.S. 20‑16.1(g) and must maintain the financial responsibilityduring the period of the limited driving privilege.
(2) Alcoholrestrictions. A person who received a limited driving privilege under thissection may not consume alcohol while driving or drive at anytime while theperson has remaining in the person's body any alcohol or controlled substancepreviously consumed, unless the controlled substance was lawfully obtained andtaken in therapeutically appropriate amounts.
(3) Others. The courtmay impose any other reasonable restrictions or conditions necessary to achievethe purposes of this section.
(j) Term andReinstatement. The term of a limited driving privilege issued under thissection is the shorter of one year or the length of time remaining in therevocation period imposed under G.S. 20‑28(a) or G.S. 20‑28.1. Whenthe term of the limited driving privilege expires, the Division must reinstatethe person's license if the person meets all of the conditions listed in thissubsection. The Division may impose restrictions or conditions on the newlicense in accordance with G.S. 20‑7(e). The conditions are:
(1) Payment of therestoration fee as required under G.S. 20‑7(i1).
(2) Providing proof offinancial responsibility as required under G.S. 20‑7(c1).
(3) Providing the proofrequired for reinstatement of a license under G.S. 20‑28(c1).
(k) Modification. Acourt may modify or revoke a person's limited driving privilege issued underthis section upon a showing that the circumstances have changed sufficiently tojustify modification or revocation. If the judge who issued the privilege isnot presiding in the court in which the privilege was issued, a presiding judgein that court may modify or revoke the privilege. The judge must indicate inthe order of modification or revocation the reasons for the order or makespecific findings indicating the reason for the order and enter those findingsin the record of the case. When a court issues an order of modification orrevocation, the clerk of court must send a copy of the order to the Division.
(l) Effect ofViolation. A violation of a limited driving privilege issued under thissection constitutes the offense of driving while license revoked under G.S. 20‑28.When a person is charged with operating a motor vehicle in violation of thelimited driving privilege, the limited driving privilege is suspended pendingthe final disposition of the charge. (2007‑293, s. 1; 2007‑323, s. 30.11(d);2007‑345, s. 9.1(c); 2008‑118, s. 2.9(b).)
§ 20‑20.1. Limiteddriving privilege for certain revocations.
(a) Definitions. Thefollowing definitions apply in this section:
(1) Limited drivingprivilege. A judgment issued by a court authorizing a person with a revokeddrivers license to drive under specified terms and conditions.
(2) Nonstandard workinghours. Anytime other than 6:00 A.M. until 8:00 P.M. on Monday through Friday.
(3) Standard workinghours. Anytime from 6:00 A.M. until 8:00 P.M. on Monday through Friday.
(4) Underlying offense. The offense for which a person's drivers license was revoked when the personwas charged under G.S. 20‑28(a), driving with a revoked license, or underG.S. 20‑28.1, committing a motor vehicle moving offense while drivingwith a revoked license.
(b) Eligibility. Aperson is eligible to apply for a limited driving privilege under this sectionif all of the following conditions apply:
(1) The person's licenseis currently revoked under G.S. 20‑28(a) or G.S. 20‑28.1.
(2) The person hascomplied with the revocation for the period required in subsection (c) of thissection immediately preceding the date the person files a petition for alimited driving privilege under this section.
(3) The person'sunderlying offense is not an offense involving impaired driving and, if theperson's license is revoked under G.S. 20‑28.1 for committing a motorvehicle moving offense while driving with a revoked license, the moving offenseis not an offense involving impaired driving.
(4) The revocationperiod for the underlying offense has expired.
(5) The revocation underG.S. 20‑28(a) or G.S. 20‑28.1 is the only revocation in effect.
(6) The person is noteligible to receive a limited driving privilege under any other law.
(7) The person has notheld a limited driving privilege issued under this section at anytime duringthe three years prior to the date the person files the current petition.
(8) The person has nopending charges for any motor vehicle offense in this or in any other state andhas no unpaid motor vehicle fines or penalties in this or in any other state.
(9) The person's driverslicense issued by another state has not been revoked by that state.
(10) G.S. 20‑9(e) orG.S. 20‑9(f) does not prohibit the Division from issuing the person alicense.
(c) Compliance Period. The following table sets out the period during which a person must complywith a revocation under G.S. 20‑28(a) or G.S. 20‑28.1 to beeligible for a limited driving privilege under this section:
Revocation Period CompliancePeriod
1Year 90 Days
2 Years 1Year
Permanent 2Years
(d) Petition. Aperson may apply for a limited driving privilege under this section by filing apetition. A petition filed under this section is separate from the action thatresulted in the initial revocation and is a civil action. A petition must befiled in district court in the county of the person's residence as reflected bythe Division's records or, if the Division's records are inaccurate, in thecounty of the person's actual residence. A person must attach to a petition acopy of the person's motor vehicle record. A petition must include a swornstatement that the person filing the petition is eligible for a limited drivingprivilege under this section.
A court, for good cause shown,may issue a limited driving privilege to an eligible person in accordance withthis section. The costs required under G.S. 7A‑305(a) and G.S. 20‑20.2apply to a petition filed under this section. The clerk of court for the courtthat issues a limited driving privilege under this section must send a copy ofthe limited driving privilege to the Division.
(e) Scope of Privilege. A limited driving privilege restricts the person to essential driving relatedto one or more of the purposes listed in this subsection. Any driving that isnot related to the purposes authorized in this subsection is unlawful eventhough done at times and upon routes that may be authorized by the privilege.Except as otherwise provided, all driving must be for a purpose and done withinthe restrictions specified in the privilege.
The permissible purposes for alimited driving privilege are:
(1) Travel to and fromthe person's place of employment and in the course of employment.
(2) Travel necessary formaintenance of the person's household.
(3) Travel to provideemergency medical care for the person or for an immediate family member of theperson who resides in the same household with the person. Driving related toemergency medical care is authorized at anytime and without restriction as toroutes.
(f) Employment Drivingin Standard Working Hours. The court may authorize driving for employment‑relatedpurposes during standard working hours without specifying times and routes forthe driving. If the person is required to drive for essential employment‑relatedpurposes only during standard working hours, the limited driving privilege mustprohibit driving during nonstandard working hours unless the driving is foremergency medical care or for authorized household maintenance. The limiteddriving privilege must state the name and address of the person's employer andmay, in the discretion of the court, include other information and restrictionsapplicable to employment‑related driving.
(g) Employment Drivingin Nonstandard Working Hours. If a person is required to drive duringnonstandard working hours for an essential employment‑related purpose andthe person provides documentation of that fact to the court, the court mayauthorize the person to drive for that purpose during those hours. If theperson is self‑employed, the documentation must be attached to or made apart of the limited driving privilege. If the person is employed by another,the limited driving privilege must state the name and address of the person'semployer and may, in the discretion of the court, include other information andrestrictions applicable to employment‑related driving. If the courtdetermines that it is necessary for the person to drive during nonstandardworking hours for an employment‑related purpose, the court may authorizethe person to drive subject to these limitations:
(1) If the person isrequired to drive to and from a specific place of employment at regular times,the limited driving privilege must specify the general times and routes bywhich the person may drive to and from work and must restrict driving to thosetimes and routes.
(2) If the person isrequired to drive to and from work at a specific place but is unable to specifythe times during which the driving will occur, the limited driving privilegemust specify the general routes by which the person may drive to and from workand must restrict driving to those general routes.
(3) If the person isrequired to drive to and from work at regular times but is unable to specifythe places at which work is to be performed, the limited driving privilege mustspecify the general times and geographic boundaries within which the person maydrive and must restrict driving to those times and boundaries.
(4) If the person canspecify neither the times nor places in which the person will be driving to andfrom work, the limited driving privilege must specify the geographic boundarieswithin which the person may drive and must restrict driving to thoseboundaries.
(h) HouseholdMaintenance. A limited driving privilege may allow driving for maintenance ofthe household only during standard working hours. The court, at its discretion,may impose additional restrictions on driving for the maintenance of thehousehold.
(i) Restrictions. Alimited driving privilege that is not authorized by this section or that doesnot contain the restrictions required by law is invalid. A limited drivingprivilege issued under this section is subject to the following conditions:
(1) Financialresponsibility. A person applying for a limited driving privilege under thissection must provide the court proof of financial responsibility acceptableunder G.S. 20‑16.1(g) and must maintain the financial responsibilityduring the period of the limited driving privilege.
(2) Alcoholrestrictions. A person who received a limited driving privilege under thissection may not consume alcohol while driving or drive at anytime while theperson has remaining in the person's body any alcohol or controlled substancepreviously consumed, unless the controlled substance was lawfully obtained andtaken in therapeutically appropriate amounts.
(3) Others. The courtmay impose any other reasonable restrictions or conditions necessary to achievethe purposes of this section.
(j) Term andReinstatement. The term of a limited driving privilege issued under thissection is the shorter of one year or the length of time remaining in therevocation period imposed under G.S. 20‑28(a) or G.S. 20‑28.1. Whenthe term of the limited driving privilege expires, the Division must reinstatethe person's license if the person meets all of the conditions listed in thissubsection. The Division may impose restrictions or conditions on the newlicense in accordance with G.S. 20‑7(e). The conditions are:
(1) Payment of therestoration fee as required under G.S. 20‑7(i1).
(2) Providing proof offinancial responsibility as required under G.S. 20‑7(c1).
(3) Providing the proofrequired for reinstatement of a license under G.S. 20‑28(c1).
(k) Modification. Acourt may modify or revoke a person's limited driving privilege issued underthis section upon a showing that the circumstances have changed sufficiently tojustify modification or revocation. If the judge who issued the privilege isnot presiding in the court in which the privilege was issued, a presiding judgein that court may modify or revoke the privilege. The judge must indicate inthe order of modification or revocation the reasons for the order or makespecific findings indicating the reason for the order and enter those findingsin the record of the case. When a court issues an order of modification orrevocation, the clerk of court must send a copy of the order to the Division.
(l) Effect ofViolation. A violation of a limited driving privilege issued under thissection constitutes the offense of driving while license revoked under G.S. 20‑28.When a person is charged with operating a motor vehicle in violation of thelimited driving privilege, the limited driving privilege is suspended pendingthe final disposition of the charge. (2007‑293, s. 1; 2007‑323, s. 30.11(d);2007‑345, s. 9.1(c); 2008‑118, s. 2.9(b).)
