State Codes and Statutes

Statutes > North-carolina > Chapter_20 > GS_20-7

§ 20‑7.  Issuance andrenewal of drivers licenses.

(a)        License Required. –To drive a motor vehicle on a highway, a person must be licensed by theDivision under this Article or Article 2C of this Chapter to drive the vehicleand must carry the license while driving the vehicle. The Division issuesregular drivers licenses under this Article and issues commercial driverslicenses under Article 2C.

A license authorizes theholder of the license to drive any vehicle included in the class of the licenseand any vehicle included in a lesser class of license, except a vehicle forwhich an endorsement is required. To drive a vehicle for which an endorsementis required, a person must obtain both a license and an endorsement for thevehicle. A regular drivers license is considered a lesser class of license thanits commercial counterpart.

The classes of regular driverslicenses and the motor vehicles that can be driven with each class of licenseare:

(1)        Class A. – A Class Alicense authorizes the holder to drive any of the following:

a.         A Class A motorvehicle that is exempt under G.S. 20‑37.16 from the commercial driverslicense requirements.

b.         A Class A motorvehicle that has a combined GVWR of less than 26,001 pounds and includes aspart of the combination a towed unit that has a GVWR of at least 10,001 pounds.

(2)        Class B. – A Class Blicense authorizes the holder to drive any Class B motor vehicle that is exemptunder G.S. 20‑37.16 from the commercial drivers license requirements.

(3)        Class C. – A Class Clicense authorizes the holder to drive any of the following:

a.         A Class C motorvehicle that is not a commercial motor vehicle.

b.         When operated by avolunteer member of a fire department, a rescue squad, or an emergency medicalservice (EMS) in the performance of duty, a Class A or Class B fire‑fighting,rescue, or EMS motor vehicle or a combination of these vehicles.

c.         A combination ofnoncommercial motor vehicles that have a GVWR of more than 10,000 pounds butless than 26,001 pounds. This sub‑subdivision does not apply to a Class Clicense holder less than 18 years of age.

The Commissioner may assign aunique motor vehicle to a class that is different from the class in which itwould otherwise belong.

A person holding a commercialdrivers license issued by another jurisdiction must apply for a transfer andobtain a North Carolina issued commercial drivers license within 30 days ofbecoming a resident. Any other new resident of North Carolina who has a driverslicense issued by another jurisdiction must obtain a license from the Divisionwithin 60 days after becoming a resident.

(a1)      (Effective untilJanuary 1, 2011) Motorcycles and Mopeds. – To drive a motorcycle, a personshall have:

(1)        A full provisionallicense with a motorcycle learner's permit;

(2)        A regular driverslicense with a motorcycle learner's permit; or

(3)        Either:

a.         A full provisionallicense; or

b.         A regular driverslicense, with a motorcycle endorsement.

Subsection (a2) of thissection sets forth the requirements for a motorcycle learner's permit.

To obtain a motorcycleendorsement, a person shall demonstrate competence to drive a motorcycle by:

(1)        Passing a road test;

(2)        Passing a written ororal test concerning motorcycles; and

(3)        Paying the fee for amotorcycle endorsement.

Neither a drivers license nora motorcycle endorsement is required to drive a moped.

(a1)      (EffectiveJanuary 1, 2011) Motorcycles and Mopeds. – To drive a motorcycle, a personshall have one of the following:

(1)        A full provisionallicense with a motorcycle learner's  permit.

(2)        A regular driverslicense with a motorcycle learner's permit.

(3)        A full provisionallicense with a motorcycle endorsement.

(4)        A regular driverslicense, with a motorcycle endorsement.

Subsection (a2) of thissection sets forth the requirements for a motorcycle learner's permit. Toobtain a motorcycle endorsement, a person shall pay the fee set in subsection(i) of this section. In addition, to obtain an endorsement, a person age 18 orolder shall demonstrate competence to drive a motorcycle by passing a writtenor oral test concerning motorcycles and passing a road test, and a person lessthan 18 years of age shall demonstrate competence to drive a motorcycle bypassing a written or oral test concerning motorcycles and providing proof ofsuccessful completion of one of the following:

(1)        The MotorcycleSafety Foundation Basic Rider Course or Experienced Rider Course.

(2)        The North CarolinaMotorcycle Safety Education Program Basic Rider Course or Experienced RiderCourse.

(3)        Any course approvedby the Commissioner consistent with the instruction provided through theMotorcycle Safety Instruction Program established under G.S. 115D‑72.

A person less than 18 years ofage with a motorcycle endorsement may not drive a motorcycle with a passenger.

Neither a drivers license nora motorcycle endorsement is required to drive a moped.

(a2)      (Effective untilJanuary 1, 2011) Motorcycle Learner's Permit. – The following persons areeligible for a motorcycle learner's permit:

(1)        A person who is atleast 16 years old but less than 18 years old and has a full provisionallicense issued by the Division.

(2)        A person who is atleast 18 years old and has a license issued by the Division.

To obtain a motorcyclelearner's permit, an applicant shall pass a vision test, a road sign test, anda written test specified by the Division. A motorcycle learner's permit expires18 months after it is issued. The holder of a motorcycle learner's permit maynot drive a motorcycle with a passenger. The fee for a motorcycle learner'spermit is the amount set in G.S. 20‑7(l) for a learner's permit.

(a2)      (EffectiveJanuary 1, 2011) Motorcycle Learner's Permit. – The following persons areeligible for a motorcycle learner's permit:

(1)        A person who is atleast 16 years old but less than 18 years old and has a full provisionallicense issued by the Division.

(2)        A person who is atleast 18 years old and has a license issued by the Division.

To obtain a motorcyclelearner's permit, an applicant shall pass a vision test, a road sign test, anda written test specified by the Division. An applicant who is less than 18years old shall successfully complete the Motorcycle Safety Foundation BasicRider Course or the North Carolina Motorcycle Safety Education Program BasicRider Course. A motorcycle learner's permit expires twelve months after it isissued and may be renewed for one additional six‑month period. The holderof a motorcycle learner's permit may not drive a motorcycle with a passenger.The fee for a motorcycle learner's permit is the amount set in G.S. 20‑7(l)for a learner's permit.

(b)        Repealed by SessionLaws 1993, c. 368, s. 1, c. 533, s. 12.

(b1)      Application. – Toobtain an identification card, learners permit, or drivers license from theDivision, a person shall complete an application form provided by the Division,present at least two forms of identification approved by the Commissioner, be aresident of this State, and, except for an identification card, demonstrate hisor her physical and mental ability to drive safely a motor vehicle included inthe class of license for which the person has applied. At least one of theforms of identification shall indicate the applicant's residence address. TheDivision may copy the identification presented or hold it for a brief period oftime to verify its authenticity. To obtain an endorsement, a person shalldemonstrate his or her physical and mental ability to drive safely the type ofmotor vehicle for which the endorsement is required.

The application form shallrequest all of the following information, and it shall contain the disclosuresconcerning the request for an applicant's social security number required bysection 7 of the federal Privacy Act of 1974, Pub. L. No. 93‑579:

(1)        The applicant's fullname.

(2)        The applicant'smailing address and residence address.

(3)        A physicaldescription of the applicant, including the applicant's sex, height, eye color,and hair color.

(4)        The applicant's dateof birth.

(5)        The applicant'svalid social security number.

(6)        The applicant'ssignature.

The Division shall not issuean identification card, learners permit, or drivers license to an applicant whofails to provide the applicant's valid social security number.

(b2)      Disclosure of SocialSecurity Number. – The social security number of an applicant is not a publicrecord. The Division may not disclose an applicant's social security numberexcept as allowed under federal law. A violation of the disclosure restrictionsis punishable as provided in 42 U.S.C. § 408, and amendments to that law.

In accordance with 42 U.S.C.405 and 42 U.S.C. 666, and amendments thereto, the Division may disclose asocial security number obtained under subsection (b1) of this section only asfollows:

(1)        For the purpose ofadministering the drivers license laws.

(2)        To the Department ofHealth and Human Services, Child Support Enforcement Program for the purpose ofestablishing paternity or child support or enforcing a child support order.

(3)        To the Department ofRevenue for the purpose of verifying taxpayer identity.

(4)        To the Office ofIndigent Defense Services of the Judicial Department for the purpose ofverifying the identity of a represented client and enforcing a court order topay for the legal services rendered.

(5)        To each county jurycommission for the purpose of verifying the identity of deceased persons whosenames should be removed from jury lists.

(b3)      The Division shalladopt rules implementing the provisions of subsection (b1) of this section withrespect to proof of residency in this State. Those rules shall ensure thatapplicants submit verified or verifiable residency and address information thatcan be reasonably considered to be valid and that is provided on any of thefollowing:

(1)        A document issued byan agency of the United States or by the government of another nation.

(2)        A document issued byanother state.

(3)        A document issued bythe State of North Carolina, or a political subdivision of this State. Thisincludes an agency or instrumentality of this State.

(4)        A preprinted bank orother corporate statement.

(5)        A preprintedbusiness letterhead.

(6)        Any other documentdeemed reliable by the Division.

(b4)      Examples ofdocuments that are reasonably reliable indicators of residency include, but arenot limited to, any of the following:

(1)        A pay stub with thepayee's address.

(2)        A utility billshowing the address of the applicant‑payor.

(3)        A contract for anapartment, house, modular unit, or manufactured home with a North Carolinaaddress signed by the applicant.

(4)        A receipt forpersonal property taxes paid.

(5)        A receipt for realproperty taxes paid to a North Carolina locality.

(6)        A current automobileinsurance policy issued to the applicant and showing the applicant's address.

(7)        A monthly orquarterly financial statement from a North Carolina regulated financialinstitution.

(8)        A matricula consularor substantially similar document issued by the Mexican Consulate for NorthCarolina.

(9)        A document similarto that described in subsection (8) of this section, issued by the consulate orembassy of another country. This subdivision only applies if the Division hasconsulted with the United State Department of State and is satisfied with thereliability of such document.

(b5)      The Division rulesadopted pursuant to subsection (b3) of this section shall also provide that ifan applicant cannot produce any documentation specified in subsection (b3) or(b4) of this section, the applicant, or in the case of a minor applicant aparent or legal guardian of the applicant, may complete an affidavit, on a formprovided by the Division and sworn to before an official of the Division,indicating the applicant's current residence address. The affidavit shallcontain the provisions of G.S. 20‑15(a) and G.S. 20‑17(a)(5) andshall indicate the civil and criminal penalties for completing a falseaffidavit.

(c)        Tests. – Todemonstrate physical and mental ability, a person must pass an examination. Theexamination may include road tests, vision tests, oral tests, and, in the caseof literate applicants, written tests, as the Division may require. The testsmust ensure that an applicant recognizes the handicapped international symbolof access, as defined in G.S. 20‑37.5. The Division may not require aperson who applies to renew a license that has not expired to take a writtentest or a road test unless one or more of the following applies:

(1)        The person has beenconvicted of a traffic violation since the person's license was last issued.

(2)        The applicantsuffers from a mental or physical condition that impairs the person's abilityto drive a motor vehicle.

The Division may not require aperson who is at least 60 years old to parallel park a motor vehicle as part ofa road test.

(c1)      Insurance. – TheDivision may not issue a drivers license to a person until the person hasfurnished proof of financial responsibility. Proof of financial responsibilityshall be in 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.

(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 license 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 purpose 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 requirement of furnishingproof of financial responsibility does not apply to a person who applies for arenewal of his or her drivers license.

Nothing in this subsection precludesany person from showing proof of financial responsibility in any other mannerauthorized by Articles 9A and 13 of this Chapter.

(d)        Repealed by SessionLaws 1993, c. 368, s. 1.

(e)        Restrictions. – TheDivision may impose any restriction it finds advisable on a drivers license. Itis unlawful for the holder of a restricted license to operate a motor vehiclewithout complying with the restriction and is the equivalent of operating amotor vehicle without a license. If any applicant shall suffer from anyphysical defect or disease which affects his or her operation of a motorvehicle, the Division may require to be filed with it a certificate of suchapplicant's condition signed by some medical authority of the applicant'scommunity designated by the Division. This certificate shall in all cases betreated as confidential. Nothing in this subsection shall be construed toprevent the Division from refusing to issue a license, either restricted orunrestricted, to any person deemed to be incapable of safely operating a motorvehicle. This subsection does not prohibit deaf persons from operating motorvehicles who in every other way meet the requirements of this section.

(f)         Duration andRenewal of Licenses. – Drivers licenses shall be issued and renewed pursuant tothe provisions of this subsection:

(1)        Duration of licensefor persons under age 18. – A full provisional license issued to a person underthe age of 18 expires on the person's twenty‑first birthday.

(2)        Duration of originallicense for persons at least 18 years of age or older. – A drivers licenseissued to a person at least 18 years old but less than 54 years old expires onthe birthday of the licensee in the eighth year after issuance. A driverslicense issued to a person at least 54 years old expires on the birthday of thelicensee in the fifth year after issuance. A commercial drivers license thathas a vehicles carrying passengers (P) and school bus (S) endorsement issuedpursuant to G.S. 20‑37.16 shall expire on the birth date of the licenseethree years after the date of issuance, if the licensee is certified to drive aschool bus in North Carolina.

(2a)      Duration of renewedlicenses. – A renewed drivers license that was issued by the Division to aperson at least 18 years old but less than 54 years old expires eight yearsafter the expiration date of the license that is renewed. A renewed driverslicense that was issued by the Division to a person at least 54 years oldexpires five years after the expiration date of the license that is renewed.

(3)        Duration of licensefor certain other drivers. – The durations listed in subdivisions (1), (2) and(2a) of this subsection are valid unless the Division determines that a licenseof shorter duration should be issued when the applicant holds valid documentationissued by, or under the authority of, the United States government thatdemonstrates the applicant's legal presence of limited duration in the UnitedStates. In no event shall a license of limited duration expire later than theexpiration of the authorization for the applicant's legal presence in theUnited States.

(3a)      When to renew. – Aperson may apply to the Division to renew a license during the 180‑dayperiod before the license expires. The Division may not accept an applicationfor renewal made before the 180‑day period begins.

(3b)      Renewal for certainmembers of the Armed Forces and reserve components of the Armed Forces.

a.         The Division mayrenew a drivers license, without limitation on the period of time before thelicense expires, if the person applying for renewal is a member of the ArmedForces or of a reserve component of the Armed Forces of the United States andprovides orders that place the member on active duty and duty station outsidethis State.

b.         A person who is amember of a reserve component of the Armed Forces of the United States whoselicense bears an expiration date that occurred while the person was on activeduty outside this State shall be considered to have a valid license until 60days after the date of release from active duty upon showing proof of therelease date, unless the license was rescinded, revoked, or otherwiseinvalidated under some other provision of law. Notwithstanding the provisionsof this sub‑subdivision, no license shall be considered valid more than18 months after the date of expiration.

(4)        Renewal by mail. – TheDivision may renew by mail a drivers license issued by the Division to a personwho meets any of the following descriptions:

a.         Is a member of theArmed Forces or a reserve component of the Armed Forces of the United Statesserving on active duty and is stationed outside this State.

b.         Is a resident ofthis State and has been residing outside the State for at least 30 continuousdays.

Whenrenewing a license by mail, the Division may waive the examination that wouldotherwise be required for the renewal and may impose any conditions it findsadvisable. A license renewed by mail is a temporary license that expires 60days after the person to whom it is issued returns to this State.

(5)        License to be sentby mail. – The Division shall issue to the applicant a temporary drivingcertificate valid for 20 days, unless the applicant is applying for renewal bymail under subdivision (4) of this subsection. The temporary drivingcertificate shall be valid for driving purposes only and shall not be valid foridentification purposes. The Division shall produce the applicant's driverslicense at a central location and send it to the applicant by first‑classmail at the residence address provided by the applicant, unless the applicantis ineligible for mail delivery by the United States Postal Service at theapplicant's residence. If the United States Postal Service documents that itdoes not deliver to the residential address provided by the applicant, and theDivision has verified the applicant's residential address by other means, theDivision may mail the drivers license to the post office box provided by theapplicant. Applicants whose only mailing address prior to July 1, 2008, was apost office box in this State may continue to receive their license at thatpost office box, provided the applicant's residential address has been verifiedby the Division.

(g)        Repealed by SessionLaws 1979, c. 667, s. 6.

(h)        Repealed by SessionLaws 1979, c. 113, s. 1.

(i)         Fees. – The feefor a regular drivers license is the amount set in the following tablemultiplied by the number of years in the period for which the license isissued:

Classof Regular License                                FeeFor Each Year

Class A                                                      $4.00

Class B                                                      $4.00

Class C                                                      $4.00

The fee for a motorcycleendorsement is one dollar and seventy‑five cents ($1.75) for each year ofthe period for which the endorsement is issued. The appropriate fee shall bepaid before a person receives a regular drivers license or an endorsement.

(i1)       Restoration Fee. – Anyperson whose drivers license has been revoked pursuant to the provisions ofthis Chapter, other than G.S. 20‑17(a)(2) shall pay a restoration fee offifty dollars ($50.00). A person whose drivers license has been revoked underG.S. 20‑17(a)(2) shall pay a restoration fee of seventy‑fivedollars ($75.00). The fee shall be paid to the Division prior to the issuanceto such person of a new drivers license or the restoration of the driverslicense. The restoration fee shall be paid to the Division in addition to anyand all fees which may be provided by law. This restoration fee shall not berequired from any licensee whose license was revoked or voluntarily surrenderedfor medical or health reasons whether or not a medical evaluation was conductedpursuant to this Chapter. The fifty‑dollar ($50.00) fee, and the firstfifty dollars ($50.00) of the seventy‑five‑dollar ($75.00) fee,shall be deposited in the Highway Fund. The remaining twenty‑five dollars($25.00) of the seventy‑five‑dollar ($75.00) fee shall be depositedin the General Fund of the State. The Office of State Budget and Managementshall annually report to the General Assembly the amount of fees deposited inthe General Fund under this subsection.

It is the intent of the GeneralAssembly to annually appropriate from the funds deposited in the General Fundunder this subsection the sum of five hundred thirty‑seven thousand fourhundred fifty‑five dollars ($537,455) to the Board of Governors of TheUniversity of North Carolina to be used for the operating expenses of theBowles Center for Alcohol Studies at the University of North Carolina at ChapelHill.

(j)         Highway Fund. – Thefees collected under this section and G.S. 20‑14 shall be placed in theHighway Fund.

(k)        Repealed by SessionLaws 1991, c. 726, s. 5.

(l)         Learner's Permit.– A person who is at least 18 years old may obtain a learner's permit. Alearner's permit authorizes the permit holder to drive a specified type orclass of motor vehicle while in possession of the permit. A learner's permit isvalid for a period of 18 months after it is issued. The fee for a learner'spermit is fifteen dollars ($15.00). A learner's permit may be renewed, or asecond learner's permit may be issued, for an additional period of 18 months.The permit holder must, while operating a motor vehicle over the highways, beaccompanied by a person who is licensed to operate the motor vehicle beingdriven and is seated beside the permit holder.

(l‑1)     Repealed bySession Laws 1991, c. 726, s. 5.

(m)       Instruction Permit.– The Division upon receiving proper application may in its discretion issue arestricted instruction permit effective for a school year or a lesser period toany of the following applicants:

(1)        An applicant who isless than 18 years old and is enrolled in a drivers education program that isapproved by the State Superintendent of Public Instruction and is offered at apublic high school, a nonpublic secondary school, or a licensed driverstraining school.

(2)        An applicant forcertification under G.S. 20‑218 as a school bus driver.

A restricted instruction permitauthorizes the holder of the permit to drive a specified type or class of motorvehicle when in possession of the permit, subject to any restrictions imposedby the Division. The restrictions the Division may impose on a permit includerestrictions to designated areas and highways and restrictions prohibitingoperation except when an approved instructor is occupying a seat beside thepermittee. A restricted instruction permit is not required to have adistinguishing number or a picture of the person to whom the permit is issued.

(n)        Format. – A driverslicense issued by the Division must be tamperproof and must contain all of thefollowing information:

(1)        An identification ofthis State as the issuer of the license.

(2)        The license holder'sfull name.

(3)        The license holder'sresidence address.

(4)        A color photograph,or a properly applied laser engraved picture on polycarbonate material, of thelicense holder, taken by the Division.

(5)        A physicaldescription of the license holder, including sex, height, eye color, and haircolor.

(6)        The license holder'sdate of birth.

(7)        An identifyingnumber for the license holder assigned by the Division. The identifying numbermay not be the license holder's social security number.

(8)        Each class of motorvehicle the license holder is authorized to drive and any endorsements orrestrictions that apply.

(9)        The license holder'ssignature.

(10)      The date the licensewas issued and the date the license expires.

In taking photographs oflicense holders, the Division must distinguish between license holders who areless than 21 years old and license holders who are at least 21 years old byusing different color backgrounds or borders for each group. The Division shalldetermine the different colors to be used. The Commissioner shall ensure thatapplicants 21 years old or older are issued drivers licenses and specialidentification cards that are printed in a horizontal format. The Commissionershall ensure that applicants under the age of 21 are issued drivers licensesand special identification cards that are printed in a vertical format, thatdistinguishes them from the horizontal format, for ease of identification ofindividuals under age 21 by members of industries that regulate controlledproducts that are sale restricted by age and law enforcement officers enforcingthese laws.

At the request of an applicantfor a drivers license, a license issued to the applicant must contain theapplicant's race.

(o)        Repealed by SessionLaws 1991, c. 726, s. 5.

(p)        The Division mustgive the clerk of superior court in each county at least 50 copies of thedriver license handbook free of charge. The clerk must give a copy to a personwho requests it.

(q)        MilitaryDesignation. – The Division shall develop a military designation for driverslicenses that may, upon request, be granted to North Carolina residents onactive duty and to their spouses and dependent children. A drivers license witha military designation on it may be renewed by mail no more than two timesduring the license holder's lifetime. A license renewed by mail under thissubsection is a permanent license and does not expire when the license holderreturns to the State. A drivers license with a military designation on itissued to a person on active duty may be renewed up to one year prior to itsexpiration upon presentation of military or Department of Defense credentials.

(r)        Waiver of VisionTest. – The following license holders shall be exempt from any required eyeexam when renewing a drivers license by mail under either subsection (f) ofthis section or subsection (q) of this section if, at the time of renewal, thelicense holder is serving in a combat zone or a qualified hazardous duty zone:

(1)        A member of theArmed Forces of the United States.

(2)        A member of areserve component of the Armed Forces of the United States.

(s)        Notwithstanding therequirements of subsection (b1) of this section that an applicant present avalid social security number, the Division shall issue a drivers license oflimited duration, under subsection (f) of this section, to an applicant presentin the United States who holds valid documentation issued by, or under theauthority of, the United States government that demonstrates the applicant'slegal presence of limited duration in the United States if the applicantpresents that valid documentation and meets all other requirements for alicense of limited duration.  (1935, c. 52, s. 2; 1943, c. 649, s. 1; c. 787, s. 1;1947, c. 1067, s. 10; 1949, c. 583, ss. 9, 10; c. 826, ss. 1, 2; 1951, c. 542,ss. 1, 2; c. 1196, ss. 1‑3; 1953, cc. 839, 1284, 1311; 1955, c. 1187, ss.2‑6; 1957, c. 1225; 1963, cc. 754, 1007, 1022; 1965, c. 410, s. 5; 1967,c. 509; 1969, c. 183; c. 783, s. 1; c. 865; 1971, c. 158; 1973, cc. 73, 705; c.1057, ss. 1, 3; 1975, c. 162, s. 1; c. 295; c. 296, ss. 1, 2; c. 684; c. 716,s. 5; c. 841; c. 875, s. 4; c. 879, s. 46; 1977, c. 6; c. 340, s. 3; c. 865,ss. 1, 3; 1979, c. 37, s. 1; c. 113; c. 178, s. 2; c. 667, ss. 3‑11, 41;c. 678, ss. 1‑3; c. 801, ss. 5, 6; 1981, c. 42; c. 690, ss. 8‑10;c. 792, s. 3; 1981 (Reg. Sess., 1982), c. 1257, s. 1; 1983, c. 443, s. 1; 1985,c. 141, s. 4; c. 682, ss. 1, 2; 1987, c. 869, ss. 10, 11; 1989, c. 436, ss. 1,2; c. 771, s. 5; c. 786, s. 4; 1991, c. 478, s. 1; c. 689, s. 325; c. 726, s.5; 1991 (Reg. Sess., 1992), c. 1007, s. 27; c. 1030, s. 10; 1993, c. 368, s. 1;c. 533, ss. 2, 3, 12; 1993  (Reg.Sess., 1994), c. 595, ss. 1, 2; c. 750, s. 1; c. 761, s. 1.1; 1995 (Reg. Sess.,1996), c. 675, s. 1; 1997‑16, ss. 5, 8, 9; 1997‑122, ss. 2, 3; 1997‑377,s. 1; 1997‑433, s. 4; 1997‑443, ss. 11A.122, 32.20; 1997‑456,s. 32, 33; 1998‑17, s. 1; 1998‑149, s. 2; 2000‑120, ss. 14,15; 2000‑140, s. 93.1(a); 2001‑424, ss. 12.2(b), 27.10A(a)‑(d);2001‑513, s. 32(a); 2003‑152, ss. 1, 2; 2003‑284, s. 36.1;2004‑189, s. 5(a); 2004‑203, s. 2; 2005‑276, s. 44.1(a); 2005‑349,s. 4; 2006‑257, ss. 1, 2; 2006‑264, s. 35.2; 2007‑56, ss. 1‑3;2007‑249, s. 1; 2007‑350, s. 1; 2007‑512, s. 5; 2008‑202,ss. 2, 3; 2008‑217, s. 1; 2008‑221, s. 1; 2009‑274, ss. 2, 3;2009‑451, s. 9.5(a); 2009‑492, ss. 1, 2.)

State Codes and Statutes

Statutes > North-carolina > Chapter_20 > GS_20-7

§ 20‑7.  Issuance andrenewal of drivers licenses.

(a)        License Required. –To drive a motor vehicle on a highway, a person must be licensed by theDivision under this Article or Article 2C of this Chapter to drive the vehicleand must carry the license while driving the vehicle. The Division issuesregular drivers licenses under this Article and issues commercial driverslicenses under Article 2C.

A license authorizes theholder of the license to drive any vehicle included in the class of the licenseand any vehicle included in a lesser class of license, except a vehicle forwhich an endorsement is required. To drive a vehicle for which an endorsementis required, a person must obtain both a license and an endorsement for thevehicle. A regular drivers license is considered a lesser class of license thanits commercial counterpart.

The classes of regular driverslicenses and the motor vehicles that can be driven with each class of licenseare:

(1)        Class A. – A Class Alicense authorizes the holder to drive any of the following:

a.         A Class A motorvehicle that is exempt under G.S. 20‑37.16 from the commercial driverslicense requirements.

b.         A Class A motorvehicle that has a combined GVWR of less than 26,001 pounds and includes aspart of the combination a towed unit that has a GVWR of at least 10,001 pounds.

(2)        Class B. – A Class Blicense authorizes the holder to drive any Class B motor vehicle that is exemptunder G.S. 20‑37.16 from the commercial drivers license requirements.

(3)        Class C. – A Class Clicense authorizes the holder to drive any of the following:

a.         A Class C motorvehicle that is not a commercial motor vehicle.

b.         When operated by avolunteer member of a fire department, a rescue squad, or an emergency medicalservice (EMS) in the performance of duty, a Class A or Class B fire‑fighting,rescue, or EMS motor vehicle or a combination of these vehicles.

c.         A combination ofnoncommercial motor vehicles that have a GVWR of more than 10,000 pounds butless than 26,001 pounds. This sub‑subdivision does not apply to a Class Clicense holder less than 18 years of age.

The Commissioner may assign aunique motor vehicle to a class that is different from the class in which itwould otherwise belong.

A person holding a commercialdrivers license issued by another jurisdiction must apply for a transfer andobtain a North Carolina issued commercial drivers license within 30 days ofbecoming a resident. Any other new resident of North Carolina who has a driverslicense issued by another jurisdiction must obtain a license from the Divisionwithin 60 days after becoming a resident.

(a1)      (Effective untilJanuary 1, 2011) Motorcycles and Mopeds. – To drive a motorcycle, a personshall have:

(1)        A full provisionallicense with a motorcycle learner's permit;

(2)        A regular driverslicense with a motorcycle learner's permit; or

(3)        Either:

a.         A full provisionallicense; or

b.         A regular driverslicense, with a motorcycle endorsement.

Subsection (a2) of thissection sets forth the requirements for a motorcycle learner's permit.

To obtain a motorcycleendorsement, a person shall demonstrate competence to drive a motorcycle by:

(1)        Passing a road test;

(2)        Passing a written ororal test concerning motorcycles; and

(3)        Paying the fee for amotorcycle endorsement.

Neither a drivers license nora motorcycle endorsement is required to drive a moped.

(a1)      (EffectiveJanuary 1, 2011) Motorcycles and Mopeds. – To drive a motorcycle, a personshall have one of the following:

(1)        A full provisionallicense with a motorcycle learner's  permit.

(2)        A regular driverslicense with a motorcycle learner's permit.

(3)        A full provisionallicense with a motorcycle endorsement.

(4)        A regular driverslicense, with a motorcycle endorsement.

Subsection (a2) of thissection sets forth the requirements for a motorcycle learner's permit. Toobtain a motorcycle endorsement, a person shall pay the fee set in subsection(i) of this section. In addition, to obtain an endorsement, a person age 18 orolder shall demonstrate competence to drive a motorcycle by passing a writtenor oral test concerning motorcycles and passing a road test, and a person lessthan 18 years of age shall demonstrate competence to drive a motorcycle bypassing a written or oral test concerning motorcycles and providing proof ofsuccessful completion of one of the following:

(1)        The MotorcycleSafety Foundation Basic Rider Course or Experienced Rider Course.

(2)        The North CarolinaMotorcycle Safety Education Program Basic Rider Course or Experienced RiderCourse.

(3)        Any course approvedby the Commissioner consistent with the instruction provided through theMotorcycle Safety Instruction Program established under G.S. 115D‑72.

A person less than 18 years ofage with a motorcycle endorsement may not drive a motorcycle with a passenger.

Neither a drivers license nora motorcycle endorsement is required to drive a moped.

(a2)      (Effective untilJanuary 1, 2011) Motorcycle Learner's Permit. – The following persons areeligible for a motorcycle learner's permit:

(1)        A person who is atleast 16 years old but less than 18 years old and has a full provisionallicense issued by the Division.

(2)        A person who is atleast 18 years old and has a license issued by the Division.

To obtain a motorcyclelearner's permit, an applicant shall pass a vision test, a road sign test, anda written test specified by the Division. A motorcycle learner's permit expires18 months after it is issued. The holder of a motorcycle learner's permit maynot drive a motorcycle with a passenger. The fee for a motorcycle learner'spermit is the amount set in G.S. 20‑7(l) for a learner's permit.

(a2)      (EffectiveJanuary 1, 2011) Motorcycle Learner's Permit. – The following persons areeligible for a motorcycle learner's permit:

(1)        A person who is atleast 16 years old but less than 18 years old and has a full provisionallicense issued by the Division.

(2)        A person who is atleast 18 years old and has a license issued by the Division.

To obtain a motorcyclelearner's permit, an applicant shall pass a vision test, a road sign test, anda written test specified by the Division. An applicant who is less than 18years old shall successfully complete the Motorcycle Safety Foundation BasicRider Course or the North Carolina Motorcycle Safety Education Program BasicRider Course. A motorcycle learner's permit expires twelve months after it isissued and may be renewed for one additional six‑month period. The holderof a motorcycle learner's permit may not drive a motorcycle with a passenger.The fee for a motorcycle learner's permit is the amount set in G.S. 20‑7(l)for a learner's permit.

(b)        Repealed by SessionLaws 1993, c. 368, s. 1, c. 533, s. 12.

(b1)      Application. – Toobtain an identification card, learners permit, or drivers license from theDivision, a person shall complete an application form provided by the Division,present at least two forms of identification approved by the Commissioner, be aresident of this State, and, except for an identification card, demonstrate hisor her physical and mental ability to drive safely a motor vehicle included inthe class of license for which the person has applied. At least one of theforms of identification shall indicate the applicant's residence address. TheDivision may copy the identification presented or hold it for a brief period oftime to verify its authenticity. To obtain an endorsement, a person shalldemonstrate his or her physical and mental ability to drive safely the type ofmotor vehicle for which the endorsement is required.

The application form shallrequest all of the following information, and it shall contain the disclosuresconcerning the request for an applicant's social security number required bysection 7 of the federal Privacy Act of 1974, Pub. L. No. 93‑579:

(1)        The applicant's fullname.

(2)        The applicant'smailing address and residence address.

(3)        A physicaldescription of the applicant, including the applicant's sex, height, eye color,and hair color.

(4)        The applicant's dateof birth.

(5)        The applicant'svalid social security number.

(6)        The applicant'ssignature.

The Division shall not issuean identification card, learners permit, or drivers license to an applicant whofails to provide the applicant's valid social security number.

(b2)      Disclosure of SocialSecurity Number. – The social security number of an applicant is not a publicrecord. The Division may not disclose an applicant's social security numberexcept as allowed under federal law. A violation of the disclosure restrictionsis punishable as provided in 42 U.S.C. § 408, and amendments to that law.

In accordance with 42 U.S.C.405 and 42 U.S.C. 666, and amendments thereto, the Division may disclose asocial security number obtained under subsection (b1) of this section only asfollows:

(1)        For the purpose ofadministering the drivers license laws.

(2)        To the Department ofHealth and Human Services, Child Support Enforcement Program for the purpose ofestablishing paternity or child support or enforcing a child support order.

(3)        To the Department ofRevenue for the purpose of verifying taxpayer identity.

(4)        To the Office ofIndigent Defense Services of the Judicial Department for the purpose ofverifying the identity of a represented client and enforcing a court order topay for the legal services rendered.

(5)        To each county jurycommission for the purpose of verifying the identity of deceased persons whosenames should be removed from jury lists.

(b3)      The Division shalladopt rules implementing the provisions of subsection (b1) of this section withrespect to proof of residency in this State. Those rules shall ensure thatapplicants submit verified or verifiable residency and address information thatcan be reasonably considered to be valid and that is provided on any of thefollowing:

(1)        A document issued byan agency of the United States or by the government of another nation.

(2)        A document issued byanother state.

(3)        A document issued bythe State of North Carolina, or a political subdivision of this State. Thisincludes an agency or instrumentality of this State.

(4)        A preprinted bank orother corporate statement.

(5)        A preprintedbusiness letterhead.

(6)        Any other documentdeemed reliable by the Division.

(b4)      Examples ofdocuments that are reasonably reliable indicators of residency include, but arenot limited to, any of the following:

(1)        A pay stub with thepayee's address.

(2)        A utility billshowing the address of the applicant‑payor.

(3)        A contract for anapartment, house, modular unit, or manufactured home with a North Carolinaaddress signed by the applicant.

(4)        A receipt forpersonal property taxes paid.

(5)        A receipt for realproperty taxes paid to a North Carolina locality.

(6)        A current automobileinsurance policy issued to the applicant and showing the applicant's address.

(7)        A monthly orquarterly financial statement from a North Carolina regulated financialinstitution.

(8)        A matricula consularor substantially similar document issued by the Mexican Consulate for NorthCarolina.

(9)        A document similarto that described in subsection (8) of this section, issued by the consulate orembassy of another country. This subdivision only applies if the Division hasconsulted with the United State Department of State and is satisfied with thereliability of such document.

(b5)      The Division rulesadopted pursuant to subsection (b3) of this section shall also provide that ifan applicant cannot produce any documentation specified in subsection (b3) or(b4) of this section, the applicant, or in the case of a minor applicant aparent or legal guardian of the applicant, may complete an affidavit, on a formprovided by the Division and sworn to before an official of the Division,indicating the applicant's current residence address. The affidavit shallcontain the provisions of G.S. 20‑15(a) and G.S. 20‑17(a)(5) andshall indicate the civil and criminal penalties for completing a falseaffidavit.

(c)        Tests. – Todemonstrate physical and mental ability, a person must pass an examination. Theexamination may include road tests, vision tests, oral tests, and, in the caseof literate applicants, written tests, as the Division may require. The testsmust ensure that an applicant recognizes the handicapped international symbolof access, as defined in G.S. 20‑37.5. The Division may not require aperson who applies to renew a license that has not expired to take a writtentest or a road test unless one or more of the following applies:

(1)        The person has beenconvicted of a traffic violation since the person's license was last issued.

(2)        The applicantsuffers from a mental or physical condition that impairs the person's abilityto drive a motor vehicle.

The Division may not require aperson who is at least 60 years old to parallel park a motor vehicle as part ofa road test.

(c1)      Insurance. – TheDivision may not issue a drivers license to a person until the person hasfurnished proof of financial responsibility. Proof of financial responsibilityshall be in 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.

(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 license 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 purpose 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 requirement of furnishingproof of financial responsibility does not apply to a person who applies for arenewal of his or her drivers license.

Nothing in this subsection precludesany person from showing proof of financial responsibility in any other mannerauthorized by Articles 9A and 13 of this Chapter.

(d)        Repealed by SessionLaws 1993, c. 368, s. 1.

(e)        Restrictions. – TheDivision may impose any restriction it finds advisable on a drivers license. Itis unlawful for the holder of a restricted license to operate a motor vehiclewithout complying with the restriction and is the equivalent of operating amotor vehicle without a license. If any applicant shall suffer from anyphysical defect or disease which affects his or her operation of a motorvehicle, the Division may require to be filed with it a certificate of suchapplicant's condition signed by some medical authority of the applicant'scommunity designated by the Division. This certificate shall in all cases betreated as confidential. Nothing in this subsection shall be construed toprevent the Division from refusing to issue a license, either restricted orunrestricted, to any person deemed to be incapable of safely operating a motorvehicle. This subsection does not prohibit deaf persons from operating motorvehicles who in every other way meet the requirements of this section.

(f)         Duration andRenewal of Licenses. – Drivers licenses shall be issued and renewed pursuant tothe provisions of this subsection:

(1)        Duration of licensefor persons under age 18. – A full provisional license issued to a person underthe age of 18 expires on the person's twenty‑first birthday.

(2)        Duration of originallicense for persons at least 18 years of age or older. – A drivers licenseissued to a person at least 18 years old but less than 54 years old expires onthe birthday of the licensee in the eighth year after issuance. A driverslicense issued to a person at least 54 years old expires on the birthday of thelicensee in the fifth year after issuance. A commercial drivers license thathas a vehicles carrying passengers (P) and school bus (S) endorsement issuedpursuant to G.S. 20‑37.16 shall expire on the birth date of the licenseethree years after the date of issuance, if the licensee is certified to drive aschool bus in North Carolina.

(2a)      Duration of renewedlicenses. – A renewed drivers license that was issued by the Division to aperson at least 18 years old but less than 54 years old expires eight yearsafter the expiration date of the license that is renewed. A renewed driverslicense that was issued by the Division to a person at least 54 years oldexpires five years after the expiration date of the license that is renewed.

(3)        Duration of licensefor certain other drivers. – The durations listed in subdivisions (1), (2) and(2a) of this subsection are valid unless the Division determines that a licenseof shorter duration should be issued when the applicant holds valid documentationissued by, or under the authority of, the United States government thatdemonstrates the applicant's legal presence of limited duration in the UnitedStates. In no event shall a license of limited duration expire later than theexpiration of the authorization for the applicant's legal presence in theUnited States.

(3a)      When to renew. – Aperson may apply to the Division to renew a license during the 180‑dayperiod before the license expires. The Division may not accept an applicationfor renewal made before the 180‑day period begins.

(3b)      Renewal for certainmembers of the Armed Forces and reserve components of the Armed Forces.

a.         The Division mayrenew a drivers license, without limitation on the period of time before thelicense expires, if the person applying for renewal is a member of the ArmedForces or of a reserve component of the Armed Forces of the United States andprovides orders that place the member on active duty and duty station outsidethis State.

b.         A person who is amember of a reserve component of the Armed Forces of the United States whoselicense bears an expiration date that occurred while the person was on activeduty outside this State shall be considered to have a valid license until 60days after the date of release from active duty upon showing proof of therelease date, unless the license was rescinded, revoked, or otherwiseinvalidated under some other provision of law. Notwithstanding the provisionsof this sub‑subdivision, no license shall be considered valid more than18 months after the date of expiration.

(4)        Renewal by mail. – TheDivision may renew by mail a drivers license issued by the Division to a personwho meets any of the following descriptions:

a.         Is a member of theArmed Forces or a reserve component of the Armed Forces of the United Statesserving on active duty and is stationed outside this State.

b.         Is a resident ofthis State and has been residing outside the State for at least 30 continuousdays.

Whenrenewing a license by mail, the Division may waive the examination that wouldotherwise be required for the renewal and may impose any conditions it findsadvisable. A license renewed by mail is a temporary license that expires 60days after the person to whom it is issued returns to this State.

(5)        License to be sentby mail. – The Division shall issue to the applicant a temporary drivingcertificate valid for 20 days, unless the applicant is applying for renewal bymail under subdivision (4) of this subsection. The temporary drivingcertificate shall be valid for driving purposes only and shall not be valid foridentification purposes. The Division shall produce the applicant's driverslicense at a central location and send it to the applicant by first‑classmail at the residence address provided by the applicant, unless the applicantis ineligible for mail delivery by the United States Postal Service at theapplicant's residence. If the United States Postal Service documents that itdoes not deliver to the residential address provided by the applicant, and theDivision has verified the applicant's residential address by other means, theDivision may mail the drivers license to the post office box provided by theapplicant. Applicants whose only mailing address prior to July 1, 2008, was apost office box in this State may continue to receive their license at thatpost office box, provided the applicant's residential address has been verifiedby the Division.

(g)        Repealed by SessionLaws 1979, c. 667, s. 6.

(h)        Repealed by SessionLaws 1979, c. 113, s. 1.

(i)         Fees. – The feefor a regular drivers license is the amount set in the following tablemultiplied by the number of years in the period for which the license isissued:

Classof Regular License                                FeeFor Each Year

Class A                                                      $4.00

Class B                                                      $4.00

Class C                                                      $4.00

The fee for a motorcycleendorsement is one dollar and seventy‑five cents ($1.75) for each year ofthe period for which the endorsement is issued. The appropriate fee shall bepaid before a person receives a regular drivers license or an endorsement.

(i1)       Restoration Fee. – Anyperson whose drivers license has been revoked pursuant to the provisions ofthis Chapter, other than G.S. 20‑17(a)(2) shall pay a restoration fee offifty dollars ($50.00). A person whose drivers license has been revoked underG.S. 20‑17(a)(2) shall pay a restoration fee of seventy‑fivedollars ($75.00). The fee shall be paid to the Division prior to the issuanceto such person of a new drivers license or the restoration of the driverslicense. The restoration fee shall be paid to the Division in addition to anyand all fees which may be provided by law. This restoration fee shall not berequired from any licensee whose license was revoked or voluntarily surrenderedfor medical or health reasons whether or not a medical evaluation was conductedpursuant to this Chapter. The fifty‑dollar ($50.00) fee, and the firstfifty dollars ($50.00) of the seventy‑five‑dollar ($75.00) fee,shall be deposited in the Highway Fund. The remaining twenty‑five dollars($25.00) of the seventy‑five‑dollar ($75.00) fee shall be depositedin the General Fund of the State. The Office of State Budget and Managementshall annually report to the General Assembly the amount of fees deposited inthe General Fund under this subsection.

It is the intent of the GeneralAssembly to annually appropriate from the funds deposited in the General Fundunder this subsection the sum of five hundred thirty‑seven thousand fourhundred fifty‑five dollars ($537,455) to the Board of Governors of TheUniversity of North Carolina to be used for the operating expenses of theBowles Center for Alcohol Studies at the University of North Carolina at ChapelHill.

(j)         Highway Fund. – Thefees collected under this section and G.S. 20‑14 shall be placed in theHighway Fund.

(k)        Repealed by SessionLaws 1991, c. 726, s. 5.

(l)         Learner's Permit.– A person who is at least 18 years old may obtain a learner's permit. Alearner's permit authorizes the permit holder to drive a specified type orclass of motor vehicle while in possession of the permit. A learner's permit isvalid for a period of 18 months after it is issued. The fee for a learner'spermit is fifteen dollars ($15.00). A learner's permit may be renewed, or asecond learner's permit may be issued, for an additional period of 18 months.The permit holder must, while operating a motor vehicle over the highways, beaccompanied by a person who is licensed to operate the motor vehicle beingdriven and is seated beside the permit holder.

(l‑1)     Repealed bySession Laws 1991, c. 726, s. 5.

(m)       Instruction Permit.– The Division upon receiving proper application may in its discretion issue arestricted instruction permit effective for a school year or a lesser period toany of the following applicants:

(1)        An applicant who isless than 18 years old and is enrolled in a drivers education program that isapproved by the State Superintendent of Public Instruction and is offered at apublic high school, a nonpublic secondary school, or a licensed driverstraining school.

(2)        An applicant forcertification under G.S. 20‑218 as a school bus driver.

A restricted instruction permitauthorizes the holder of the permit to drive a specified type or class of motorvehicle when in possession of the permit, subject to any restrictions imposedby the Division. The restrictions the Division may impose on a permit includerestrictions to designated areas and highways and restrictions prohibitingoperation except when an approved instructor is occupying a seat beside thepermittee. A restricted instruction permit is not required to have adistinguishing number or a picture of the person to whom the permit is issued.

(n)        Format. – A driverslicense issued by the Division must be tamperproof and must contain all of thefollowing information:

(1)        An identification ofthis State as the issuer of the license.

(2)        The license holder'sfull name.

(3)        The license holder'sresidence address.

(4)        A color photograph,or a properly applied laser engraved picture on polycarbonate material, of thelicense holder, taken by the Division.

(5)        A physicaldescription of the license holder, including sex, height, eye color, and haircolor.

(6)        The license holder'sdate of birth.

(7)        An identifyingnumber for the license holder assigned by the Division. The identifying numbermay not be the license holder's social security number.

(8)        Each class of motorvehicle the license holder is authorized to drive and any endorsements orrestrictions that apply.

(9)        The license holder'ssignature.

(10)      The date the licensewas issued and the date the license expires.

In taking photographs oflicense holders, the Division must distinguish between license holders who areless than 21 years old and license holders who are at least 21 years old byusing different color backgrounds or borders for each group. The Division shalldetermine the different colors to be used. The Commissioner shall ensure thatapplicants 21 years old or older are issued drivers licenses and specialidentification cards that are printed in a horizontal format. The Commissionershall ensure that applicants under the age of 21 are issued drivers licensesand special identification cards that are printed in a vertical format, thatdistinguishes them from the horizontal format, for ease of identification ofindividuals under age 21 by members of industries that regulate controlledproducts that are sale restricted by age and law enforcement officers enforcingthese laws.

At the request of an applicantfor a drivers license, a license issued to the applicant must contain theapplicant's race.

(o)        Repealed by SessionLaws 1991, c. 726, s. 5.

(p)        The Division mustgive the clerk of superior court in each county at least 50 copies of thedriver license handbook free of charge. The clerk must give a copy to a personwho requests it.

(q)        MilitaryDesignation. – The Division shall develop a military designation for driverslicenses that may, upon request, be granted to North Carolina residents onactive duty and to their spouses and dependent children. A drivers license witha military designation on it may be renewed by mail no more than two timesduring the license holder's lifetime. A license renewed by mail under thissubsection is a permanent license and does not expire when the license holderreturns to the State. A drivers license with a military designation on itissued to a person on active duty may be renewed up to one year prior to itsexpiration upon presentation of military or Department of Defense credentials.

(r)        Waiver of VisionTest. – The following license holders shall be exempt from any required eyeexam when renewing a drivers license by mail under either subsection (f) ofthis section or subsection (q) of this section if, at the time of renewal, thelicense holder is serving in a combat zone or a qualified hazardous duty zone:

(1)        A member of theArmed Forces of the United States.

(2)        A member of areserve component of the Armed Forces of the United States.

(s)        Notwithstanding therequirements of subsection (b1) of this section that an applicant present avalid social security number, the Division shall issue a drivers license oflimited duration, under subsection (f) of this section, to an applicant presentin the United States who holds valid documentation issued by, or under theauthority of, the United States government that demonstrates the applicant'slegal presence of limited duration in the United States if the applicantpresents that valid documentation and meets all other requirements for alicense of limited duration.  (1935, c. 52, s. 2; 1943, c. 649, s. 1; c. 787, s. 1;1947, c. 1067, s. 10; 1949, c. 583, ss. 9, 10; c. 826, ss. 1, 2; 1951, c. 542,ss. 1, 2; c. 1196, ss. 1‑3; 1953, cc. 839, 1284, 1311; 1955, c. 1187, ss.2‑6; 1957, c. 1225; 1963, cc. 754, 1007, 1022; 1965, c. 410, s. 5; 1967,c. 509; 1969, c. 183; c. 783, s. 1; c. 865; 1971, c. 158; 1973, cc. 73, 705; c.1057, ss. 1, 3; 1975, c. 162, s. 1; c. 295; c. 296, ss. 1, 2; c. 684; c. 716,s. 5; c. 841; c. 875, s. 4; c. 879, s. 46; 1977, c. 6; c. 340, s. 3; c. 865,ss. 1, 3; 1979, c. 37, s. 1; c. 113; c. 178, s. 2; c. 667, ss. 3‑11, 41;c. 678, ss. 1‑3; c. 801, ss. 5, 6; 1981, c. 42; c. 690, ss. 8‑10;c. 792, s. 3; 1981 (Reg. Sess., 1982), c. 1257, s. 1; 1983, c. 443, s. 1; 1985,c. 141, s. 4; c. 682, ss. 1, 2; 1987, c. 869, ss. 10, 11; 1989, c. 436, ss. 1,2; c. 771, s. 5; c. 786, s. 4; 1991, c. 478, s. 1; c. 689, s. 325; c. 726, s.5; 1991 (Reg. Sess., 1992), c. 1007, s. 27; c. 1030, s. 10; 1993, c. 368, s. 1;c. 533, ss. 2, 3, 12; 1993  (Reg.Sess., 1994), c. 595, ss. 1, 2; c. 750, s. 1; c. 761, s. 1.1; 1995 (Reg. Sess.,1996), c. 675, s. 1; 1997‑16, ss. 5, 8, 9; 1997‑122, ss. 2, 3; 1997‑377,s. 1; 1997‑433, s. 4; 1997‑443, ss. 11A.122, 32.20; 1997‑456,s. 32, 33; 1998‑17, s. 1; 1998‑149, s. 2; 2000‑120, ss. 14,15; 2000‑140, s. 93.1(a); 2001‑424, ss. 12.2(b), 27.10A(a)‑(d);2001‑513, s. 32(a); 2003‑152, ss. 1, 2; 2003‑284, s. 36.1;2004‑189, s. 5(a); 2004‑203, s. 2; 2005‑276, s. 44.1(a); 2005‑349,s. 4; 2006‑257, ss. 1, 2; 2006‑264, s. 35.2; 2007‑56, ss. 1‑3;2007‑249, s. 1; 2007‑350, s. 1; 2007‑512, s. 5; 2008‑202,ss. 2, 3; 2008‑217, s. 1; 2008‑221, s. 1; 2009‑274, ss. 2, 3;2009‑451, s. 9.5(a); 2009‑492, ss. 1, 2.)


State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_20 > GS_20-7

§ 20‑7.  Issuance andrenewal of drivers licenses.

(a)        License Required. –To drive a motor vehicle on a highway, a person must be licensed by theDivision under this Article or Article 2C of this Chapter to drive the vehicleand must carry the license while driving the vehicle. The Division issuesregular drivers licenses under this Article and issues commercial driverslicenses under Article 2C.

A license authorizes theholder of the license to drive any vehicle included in the class of the licenseand any vehicle included in a lesser class of license, except a vehicle forwhich an endorsement is required. To drive a vehicle for which an endorsementis required, a person must obtain both a license and an endorsement for thevehicle. A regular drivers license is considered a lesser class of license thanits commercial counterpart.

The classes of regular driverslicenses and the motor vehicles that can be driven with each class of licenseare:

(1)        Class A. – A Class Alicense authorizes the holder to drive any of the following:

a.         A Class A motorvehicle that is exempt under G.S. 20‑37.16 from the commercial driverslicense requirements.

b.         A Class A motorvehicle that has a combined GVWR of less than 26,001 pounds and includes aspart of the combination a towed unit that has a GVWR of at least 10,001 pounds.

(2)        Class B. – A Class Blicense authorizes the holder to drive any Class B motor vehicle that is exemptunder G.S. 20‑37.16 from the commercial drivers license requirements.

(3)        Class C. – A Class Clicense authorizes the holder to drive any of the following:

a.         A Class C motorvehicle that is not a commercial motor vehicle.

b.         When operated by avolunteer member of a fire department, a rescue squad, or an emergency medicalservice (EMS) in the performance of duty, a Class A or Class B fire‑fighting,rescue, or EMS motor vehicle or a combination of these vehicles.

c.         A combination ofnoncommercial motor vehicles that have a GVWR of more than 10,000 pounds butless than 26,001 pounds. This sub‑subdivision does not apply to a Class Clicense holder less than 18 years of age.

The Commissioner may assign aunique motor vehicle to a class that is different from the class in which itwould otherwise belong.

A person holding a commercialdrivers license issued by another jurisdiction must apply for a transfer andobtain a North Carolina issued commercial drivers license within 30 days ofbecoming a resident. Any other new resident of North Carolina who has a driverslicense issued by another jurisdiction must obtain a license from the Divisionwithin 60 days after becoming a resident.

(a1)      (Effective untilJanuary 1, 2011) Motorcycles and Mopeds. – To drive a motorcycle, a personshall have:

(1)        A full provisionallicense with a motorcycle learner's permit;

(2)        A regular driverslicense with a motorcycle learner's permit; or

(3)        Either:

a.         A full provisionallicense; or

b.         A regular driverslicense, with a motorcycle endorsement.

Subsection (a2) of thissection sets forth the requirements for a motorcycle learner's permit.

To obtain a motorcycleendorsement, a person shall demonstrate competence to drive a motorcycle by:

(1)        Passing a road test;

(2)        Passing a written ororal test concerning motorcycles; and

(3)        Paying the fee for amotorcycle endorsement.

Neither a drivers license nora motorcycle endorsement is required to drive a moped.

(a1)      (EffectiveJanuary 1, 2011) Motorcycles and Mopeds. – To drive a motorcycle, a personshall have one of the following:

(1)        A full provisionallicense with a motorcycle learner's  permit.

(2)        A regular driverslicense with a motorcycle learner's permit.

(3)        A full provisionallicense with a motorcycle endorsement.

(4)        A regular driverslicense, with a motorcycle endorsement.

Subsection (a2) of thissection sets forth the requirements for a motorcycle learner's permit. Toobtain a motorcycle endorsement, a person shall pay the fee set in subsection(i) of this section. In addition, to obtain an endorsement, a person age 18 orolder shall demonstrate competence to drive a motorcycle by passing a writtenor oral test concerning motorcycles and passing a road test, and a person lessthan 18 years of age shall demonstrate competence to drive a motorcycle bypassing a written or oral test concerning motorcycles and providing proof ofsuccessful completion of one of the following:

(1)        The MotorcycleSafety Foundation Basic Rider Course or Experienced Rider Course.

(2)        The North CarolinaMotorcycle Safety Education Program Basic Rider Course or Experienced RiderCourse.

(3)        Any course approvedby the Commissioner consistent with the instruction provided through theMotorcycle Safety Instruction Program established under G.S. 115D‑72.

A person less than 18 years ofage with a motorcycle endorsement may not drive a motorcycle with a passenger.

Neither a drivers license nora motorcycle endorsement is required to drive a moped.

(a2)      (Effective untilJanuary 1, 2011) Motorcycle Learner's Permit. – The following persons areeligible for a motorcycle learner's permit:

(1)        A person who is atleast 16 years old but less than 18 years old and has a full provisionallicense issued by the Division.

(2)        A person who is atleast 18 years old and has a license issued by the Division.

To obtain a motorcyclelearner's permit, an applicant shall pass a vision test, a road sign test, anda written test specified by the Division. A motorcycle learner's permit expires18 months after it is issued. The holder of a motorcycle learner's permit maynot drive a motorcycle with a passenger. The fee for a motorcycle learner'spermit is the amount set in G.S. 20‑7(l) for a learner's permit.

(a2)      (EffectiveJanuary 1, 2011) Motorcycle Learner's Permit. – The following persons areeligible for a motorcycle learner's permit:

(1)        A person who is atleast 16 years old but less than 18 years old and has a full provisionallicense issued by the Division.

(2)        A person who is atleast 18 years old and has a license issued by the Division.

To obtain a motorcyclelearner's permit, an applicant shall pass a vision test, a road sign test, anda written test specified by the Division. An applicant who is less than 18years old shall successfully complete the Motorcycle Safety Foundation BasicRider Course or the North Carolina Motorcycle Safety Education Program BasicRider Course. A motorcycle learner's permit expires twelve months after it isissued and may be renewed for one additional six‑month period. The holderof a motorcycle learner's permit may not drive a motorcycle with a passenger.The fee for a motorcycle learner's permit is the amount set in G.S. 20‑7(l)for a learner's permit.

(b)        Repealed by SessionLaws 1993, c. 368, s. 1, c. 533, s. 12.

(b1)      Application. – Toobtain an identification card, learners permit, or drivers license from theDivision, a person shall complete an application form provided by the Division,present at least two forms of identification approved by the Commissioner, be aresident of this State, and, except for an identification card, demonstrate hisor her physical and mental ability to drive safely a motor vehicle included inthe class of license for which the person has applied. At least one of theforms of identification shall indicate the applicant's residence address. TheDivision may copy the identification presented or hold it for a brief period oftime to verify its authenticity. To obtain an endorsement, a person shalldemonstrate his or her physical and mental ability to drive safely the type ofmotor vehicle for which the endorsement is required.

The application form shallrequest all of the following information, and it shall contain the disclosuresconcerning the request for an applicant's social security number required bysection 7 of the federal Privacy Act of 1974, Pub. L. No. 93‑579:

(1)        The applicant's fullname.

(2)        The applicant'smailing address and residence address.

(3)        A physicaldescription of the applicant, including the applicant's sex, height, eye color,and hair color.

(4)        The applicant's dateof birth.

(5)        The applicant'svalid social security number.

(6)        The applicant'ssignature.

The Division shall not issuean identification card, learners permit, or drivers license to an applicant whofails to provide the applicant's valid social security number.

(b2)      Disclosure of SocialSecurity Number. – The social security number of an applicant is not a publicrecord. The Division may not disclose an applicant's social security numberexcept as allowed under federal law. A violation of the disclosure restrictionsis punishable as provided in 42 U.S.C. § 408, and amendments to that law.

In accordance with 42 U.S.C.405 and 42 U.S.C. 666, and amendments thereto, the Division may disclose asocial security number obtained under subsection (b1) of this section only asfollows:

(1)        For the purpose ofadministering the drivers license laws.

(2)        To the Department ofHealth and Human Services, Child Support Enforcement Program for the purpose ofestablishing paternity or child support or enforcing a child support order.

(3)        To the Department ofRevenue for the purpose of verifying taxpayer identity.

(4)        To the Office ofIndigent Defense Services of the Judicial Department for the purpose ofverifying the identity of a represented client and enforcing a court order topay for the legal services rendered.

(5)        To each county jurycommission for the purpose of verifying the identity of deceased persons whosenames should be removed from jury lists.

(b3)      The Division shalladopt rules implementing the provisions of subsection (b1) of this section withrespect to proof of residency in this State. Those rules shall ensure thatapplicants submit verified or verifiable residency and address information thatcan be reasonably considered to be valid and that is provided on any of thefollowing:

(1)        A document issued byan agency of the United States or by the government of another nation.

(2)        A document issued byanother state.

(3)        A document issued bythe State of North Carolina, or a political subdivision of this State. Thisincludes an agency or instrumentality of this State.

(4)        A preprinted bank orother corporate statement.

(5)        A preprintedbusiness letterhead.

(6)        Any other documentdeemed reliable by the Division.

(b4)      Examples ofdocuments that are reasonably reliable indicators of residency include, but arenot limited to, any of the following:

(1)        A pay stub with thepayee's address.

(2)        A utility billshowing the address of the applicant‑payor.

(3)        A contract for anapartment, house, modular unit, or manufactured home with a North Carolinaaddress signed by the applicant.

(4)        A receipt forpersonal property taxes paid.

(5)        A receipt for realproperty taxes paid to a North Carolina locality.

(6)        A current automobileinsurance policy issued to the applicant and showing the applicant's address.

(7)        A monthly orquarterly financial statement from a North Carolina regulated financialinstitution.

(8)        A matricula consularor substantially similar document issued by the Mexican Consulate for NorthCarolina.

(9)        A document similarto that described in subsection (8) of this section, issued by the consulate orembassy of another country. This subdivision only applies if the Division hasconsulted with the United State Department of State and is satisfied with thereliability of such document.

(b5)      The Division rulesadopted pursuant to subsection (b3) of this section shall also provide that ifan applicant cannot produce any documentation specified in subsection (b3) or(b4) of this section, the applicant, or in the case of a minor applicant aparent or legal guardian of the applicant, may complete an affidavit, on a formprovided by the Division and sworn to before an official of the Division,indicating the applicant's current residence address. The affidavit shallcontain the provisions of G.S. 20‑15(a) and G.S. 20‑17(a)(5) andshall indicate the civil and criminal penalties for completing a falseaffidavit.

(c)        Tests. – Todemonstrate physical and mental ability, a person must pass an examination. Theexamination may include road tests, vision tests, oral tests, and, in the caseof literate applicants, written tests, as the Division may require. The testsmust ensure that an applicant recognizes the handicapped international symbolof access, as defined in G.S. 20‑37.5. The Division may not require aperson who applies to renew a license that has not expired to take a writtentest or a road test unless one or more of the following applies:

(1)        The person has beenconvicted of a traffic violation since the person's license was last issued.

(2)        The applicantsuffers from a mental or physical condition that impairs the person's abilityto drive a motor vehicle.

The Division may not require aperson who is at least 60 years old to parallel park a motor vehicle as part ofa road test.

(c1)      Insurance. – TheDivision may not issue a drivers license to a person until the person hasfurnished proof of financial responsibility. Proof of financial responsibilityshall be in 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.

(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 license 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 purpose 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 requirement of furnishingproof of financial responsibility does not apply to a person who applies for arenewal of his or her drivers license.

Nothing in this subsection precludesany person from showing proof of financial responsibility in any other mannerauthorized by Articles 9A and 13 of this Chapter.

(d)        Repealed by SessionLaws 1993, c. 368, s. 1.

(e)        Restrictions. – TheDivision may impose any restriction it finds advisable on a drivers license. Itis unlawful for the holder of a restricted license to operate a motor vehiclewithout complying with the restriction and is the equivalent of operating amotor vehicle without a license. If any applicant shall suffer from anyphysical defect or disease which affects his or her operation of a motorvehicle, the Division may require to be filed with it a certificate of suchapplicant's condition signed by some medical authority of the applicant'scommunity designated by the Division. This certificate shall in all cases betreated as confidential. Nothing in this subsection shall be construed toprevent the Division from refusing to issue a license, either restricted orunrestricted, to any person deemed to be incapable of safely operating a motorvehicle. This subsection does not prohibit deaf persons from operating motorvehicles who in every other way meet the requirements of this section.

(f)         Duration andRenewal of Licenses. – Drivers licenses shall be issued and renewed pursuant tothe provisions of this subsection:

(1)        Duration of licensefor persons under age 18. – A full provisional license issued to a person underthe age of 18 expires on the person's twenty‑first birthday.

(2)        Duration of originallicense for persons at least 18 years of age or older. – A drivers licenseissued to a person at least 18 years old but less than 54 years old expires onthe birthday of the licensee in the eighth year after issuance. A driverslicense issued to a person at least 54 years old expires on the birthday of thelicensee in the fifth year after issuance. A commercial drivers license thathas a vehicles carrying passengers (P) and school bus (S) endorsement issuedpursuant to G.S. 20‑37.16 shall expire on the birth date of the licenseethree years after the date of issuance, if the licensee is certified to drive aschool bus in North Carolina.

(2a)      Duration of renewedlicenses. – A renewed drivers license that was issued by the Division to aperson at least 18 years old but less than 54 years old expires eight yearsafter the expiration date of the license that is renewed. A renewed driverslicense that was issued by the Division to a person at least 54 years oldexpires five years after the expiration date of the license that is renewed.

(3)        Duration of licensefor certain other drivers. – The durations listed in subdivisions (1), (2) and(2a) of this subsection are valid unless the Division determines that a licenseof shorter duration should be issued when the applicant holds valid documentationissued by, or under the authority of, the United States government thatdemonstrates the applicant's legal presence of limited duration in the UnitedStates. In no event shall a license of limited duration expire later than theexpiration of the authorization for the applicant's legal presence in theUnited States.

(3a)      When to renew. – Aperson may apply to the Division to renew a license during the 180‑dayperiod before the license expires. The Division may not accept an applicationfor renewal made before the 180‑day period begins.

(3b)      Renewal for certainmembers of the Armed Forces and reserve components of the Armed Forces.

a.         The Division mayrenew a drivers license, without limitation on the period of time before thelicense expires, if the person applying for renewal is a member of the ArmedForces or of a reserve component of the Armed Forces of the United States andprovides orders that place the member on active duty and duty station outsidethis State.

b.         A person who is amember of a reserve component of the Armed Forces of the United States whoselicense bears an expiration date that occurred while the person was on activeduty outside this State shall be considered to have a valid license until 60days after the date of release from active duty upon showing proof of therelease date, unless the license was rescinded, revoked, or otherwiseinvalidated under some other provision of law. Notwithstanding the provisionsof this sub‑subdivision, no license shall be considered valid more than18 months after the date of expiration.

(4)        Renewal by mail. – TheDivision may renew by mail a drivers license issued by the Division to a personwho meets any of the following descriptions:

a.         Is a member of theArmed Forces or a reserve component of the Armed Forces of the United Statesserving on active duty and is stationed outside this State.

b.         Is a resident ofthis State and has been residing outside the State for at least 30 continuousdays.

Whenrenewing a license by mail, the Division may waive the examination that wouldotherwise be required for the renewal and may impose any conditions it findsadvisable. A license renewed by mail is a temporary license that expires 60days after the person to whom it is issued returns to this State.

(5)        License to be sentby mail. – The Division shall issue to the applicant a temporary drivingcertificate valid for 20 days, unless the applicant is applying for renewal bymail under subdivision (4) of this subsection. The temporary drivingcertificate shall be valid for driving purposes only and shall not be valid foridentification purposes. The Division shall produce the applicant's driverslicense at a central location and send it to the applicant by first‑classmail at the residence address provided by the applicant, unless the applicantis ineligible for mail delivery by the United States Postal Service at theapplicant's residence. If the United States Postal Service documents that itdoes not deliver to the residential address provided by the applicant, and theDivision has verified the applicant's residential address by other means, theDivision may mail the drivers license to the post office box provided by theapplicant. Applicants whose only mailing address prior to July 1, 2008, was apost office box in this State may continue to receive their license at thatpost office box, provided the applicant's residential address has been verifiedby the Division.

(g)        Repealed by SessionLaws 1979, c. 667, s. 6.

(h)        Repealed by SessionLaws 1979, c. 113, s. 1.

(i)         Fees. – The feefor a regular drivers license is the amount set in the following tablemultiplied by the number of years in the period for which the license isissued:

Classof Regular License                                FeeFor Each Year

Class A                                                      $4.00

Class B                                                      $4.00

Class C                                                      $4.00

The fee for a motorcycleendorsement is one dollar and seventy‑five cents ($1.75) for each year ofthe period for which the endorsement is issued. The appropriate fee shall bepaid before a person receives a regular drivers license or an endorsement.

(i1)       Restoration Fee. – Anyperson whose drivers license has been revoked pursuant to the provisions ofthis Chapter, other than G.S. 20‑17(a)(2) shall pay a restoration fee offifty dollars ($50.00). A person whose drivers license has been revoked underG.S. 20‑17(a)(2) shall pay a restoration fee of seventy‑fivedollars ($75.00). The fee shall be paid to the Division prior to the issuanceto such person of a new drivers license or the restoration of the driverslicense. The restoration fee shall be paid to the Division in addition to anyand all fees which may be provided by law. This restoration fee shall not berequired from any licensee whose license was revoked or voluntarily surrenderedfor medical or health reasons whether or not a medical evaluation was conductedpursuant to this Chapter. The fifty‑dollar ($50.00) fee, and the firstfifty dollars ($50.00) of the seventy‑five‑dollar ($75.00) fee,shall be deposited in the Highway Fund. The remaining twenty‑five dollars($25.00) of the seventy‑five‑dollar ($75.00) fee shall be depositedin the General Fund of the State. The Office of State Budget and Managementshall annually report to the General Assembly the amount of fees deposited inthe General Fund under this subsection.

It is the intent of the GeneralAssembly to annually appropriate from the funds deposited in the General Fundunder this subsection the sum of five hundred thirty‑seven thousand fourhundred fifty‑five dollars ($537,455) to the Board of Governors of TheUniversity of North Carolina to be used for the operating expenses of theBowles Center for Alcohol Studies at the University of North Carolina at ChapelHill.

(j)         Highway Fund. – Thefees collected under this section and G.S. 20‑14 shall be placed in theHighway Fund.

(k)        Repealed by SessionLaws 1991, c. 726, s. 5.

(l)         Learner's Permit.– A person who is at least 18 years old may obtain a learner's permit. Alearner's permit authorizes the permit holder to drive a specified type orclass of motor vehicle while in possession of the permit. A learner's permit isvalid for a period of 18 months after it is issued. The fee for a learner'spermit is fifteen dollars ($15.00). A learner's permit may be renewed, or asecond learner's permit may be issued, for an additional period of 18 months.The permit holder must, while operating a motor vehicle over the highways, beaccompanied by a person who is licensed to operate the motor vehicle beingdriven and is seated beside the permit holder.

(l‑1)     Repealed bySession Laws 1991, c. 726, s. 5.

(m)       Instruction Permit.– The Division upon receiving proper application may in its discretion issue arestricted instruction permit effective for a school year or a lesser period toany of the following applicants:

(1)        An applicant who isless than 18 years old and is enrolled in a drivers education program that isapproved by the State Superintendent of Public Instruction and is offered at apublic high school, a nonpublic secondary school, or a licensed driverstraining school.

(2)        An applicant forcertification under G.S. 20‑218 as a school bus driver.

A restricted instruction permitauthorizes the holder of the permit to drive a specified type or class of motorvehicle when in possession of the permit, subject to any restrictions imposedby the Division. The restrictions the Division may impose on a permit includerestrictions to designated areas and highways and restrictions prohibitingoperation except when an approved instructor is occupying a seat beside thepermittee. A restricted instruction permit is not required to have adistinguishing number or a picture of the person to whom the permit is issued.

(n)        Format. – A driverslicense issued by the Division must be tamperproof and must contain all of thefollowing information:

(1)        An identification ofthis State as the issuer of the license.

(2)        The license holder'sfull name.

(3)        The license holder'sresidence address.

(4)        A color photograph,or a properly applied laser engraved picture on polycarbonate material, of thelicense holder, taken by the Division.

(5)        A physicaldescription of the license holder, including sex, height, eye color, and haircolor.

(6)        The license holder'sdate of birth.

(7)        An identifyingnumber for the license holder assigned by the Division. The identifying numbermay not be the license holder's social security number.

(8)        Each class of motorvehicle the license holder is authorized to drive and any endorsements orrestrictions that apply.

(9)        The license holder'ssignature.

(10)      The date the licensewas issued and the date the license expires.

In taking photographs oflicense holders, the Division must distinguish between license holders who areless than 21 years old and license holders who are at least 21 years old byusing different color backgrounds or borders for each group. The Division shalldetermine the different colors to be used. The Commissioner shall ensure thatapplicants 21 years old or older are issued drivers licenses and specialidentification cards that are printed in a horizontal format. The Commissionershall ensure that applicants under the age of 21 are issued drivers licensesand special identification cards that are printed in a vertical format, thatdistinguishes them from the horizontal format, for ease of identification ofindividuals under age 21 by members of industries that regulate controlledproducts that are sale restricted by age and law enforcement officers enforcingthese laws.

At the request of an applicantfor a drivers license, a license issued to the applicant must contain theapplicant's race.

(o)        Repealed by SessionLaws 1991, c. 726, s. 5.

(p)        The Division mustgive the clerk of superior court in each county at least 50 copies of thedriver license handbook free of charge. The clerk must give a copy to a personwho requests it.

(q)        MilitaryDesignation. – The Division shall develop a military designation for driverslicenses that may, upon request, be granted to North Carolina residents onactive duty and to their spouses and dependent children. A drivers license witha military designation on it may be renewed by mail no more than two timesduring the license holder's lifetime. A license renewed by mail under thissubsection is a permanent license and does not expire when the license holderreturns to the State. A drivers license with a military designation on itissued to a person on active duty may be renewed up to one year prior to itsexpiration upon presentation of military or Department of Defense credentials.

(r)        Waiver of VisionTest. – The following license holders shall be exempt from any required eyeexam when renewing a drivers license by mail under either subsection (f) ofthis section or subsection (q) of this section if, at the time of renewal, thelicense holder is serving in a combat zone or a qualified hazardous duty zone:

(1)        A member of theArmed Forces of the United States.

(2)        A member of areserve component of the Armed Forces of the United States.

(s)        Notwithstanding therequirements of subsection (b1) of this section that an applicant present avalid social security number, the Division shall issue a drivers license oflimited duration, under subsection (f) of this section, to an applicant presentin the United States who holds valid documentation issued by, or under theauthority of, the United States government that demonstrates the applicant'slegal presence of limited duration in the United States if the applicantpresents that valid documentation and meets all other requirements for alicense of limited duration.  (1935, c. 52, s. 2; 1943, c. 649, s. 1; c. 787, s. 1;1947, c. 1067, s. 10; 1949, c. 583, ss. 9, 10; c. 826, ss. 1, 2; 1951, c. 542,ss. 1, 2; c. 1196, ss. 1‑3; 1953, cc. 839, 1284, 1311; 1955, c. 1187, ss.2‑6; 1957, c. 1225; 1963, cc. 754, 1007, 1022; 1965, c. 410, s. 5; 1967,c. 509; 1969, c. 183; c. 783, s. 1; c. 865; 1971, c. 158; 1973, cc. 73, 705; c.1057, ss. 1, 3; 1975, c. 162, s. 1; c. 295; c. 296, ss. 1, 2; c. 684; c. 716,s. 5; c. 841; c. 875, s. 4; c. 879, s. 46; 1977, c. 6; c. 340, s. 3; c. 865,ss. 1, 3; 1979, c. 37, s. 1; c. 113; c. 178, s. 2; c. 667, ss. 3‑11, 41;c. 678, ss. 1‑3; c. 801, ss. 5, 6; 1981, c. 42; c. 690, ss. 8‑10;c. 792, s. 3; 1981 (Reg. Sess., 1982), c. 1257, s. 1; 1983, c. 443, s. 1; 1985,c. 141, s. 4; c. 682, ss. 1, 2; 1987, c. 869, ss. 10, 11; 1989, c. 436, ss. 1,2; c. 771, s. 5; c. 786, s. 4; 1991, c. 478, s. 1; c. 689, s. 325; c. 726, s.5; 1991 (Reg. Sess., 1992), c. 1007, s. 27; c. 1030, s. 10; 1993, c. 368, s. 1;c. 533, ss. 2, 3, 12; 1993  (Reg.Sess., 1994), c. 595, ss. 1, 2; c. 750, s. 1; c. 761, s. 1.1; 1995 (Reg. Sess.,1996), c. 675, s. 1; 1997‑16, ss. 5, 8, 9; 1997‑122, ss. 2, 3; 1997‑377,s. 1; 1997‑433, s. 4; 1997‑443, ss. 11A.122, 32.20; 1997‑456,s. 32, 33; 1998‑17, s. 1; 1998‑149, s. 2; 2000‑120, ss. 14,15; 2000‑140, s. 93.1(a); 2001‑424, ss. 12.2(b), 27.10A(a)‑(d);2001‑513, s. 32(a); 2003‑152, ss. 1, 2; 2003‑284, s. 36.1;2004‑189, s. 5(a); 2004‑203, s. 2; 2005‑276, s. 44.1(a); 2005‑349,s. 4; 2006‑257, ss. 1, 2; 2006‑264, s. 35.2; 2007‑56, ss. 1‑3;2007‑249, s. 1; 2007‑350, s. 1; 2007‑512, s. 5; 2008‑202,ss. 2, 3; 2008‑217, s. 1; 2008‑221, s. 1; 2009‑274, ss. 2, 3;2009‑451, s. 9.5(a); 2009‑492, ss. 1, 2.)