State Codes and Statutes

Statutes > North-carolina > Chapter_20 > GS_20-37_14A

§ 20‑37.14A.  Prohibitissuance or renewal of certain categories of commercial drivers licenses to sexoffenders.

(a)        Effective December1, 2009, the Division shall not issue or renew a commercial drivers licensewith a P or S endorsement to any person who is required to register underArticle 27A of Chapter 14 of the General Statutes.

(b)        The Division shallnot issue a commercial drivers license with a P or S endorsement to anapplicant until the Division has searched both the statewide registry and theNational Sex Offender Public Registry to determine if the person is currentlyregistered as a sex offender in North Carolina or another state.

(1)        If the Divisionfinds that the person is currently registered as a sex offender in either NorthCarolina or another state, the Division, in compliance with subsection (a) ofthis section, shall not issue a commercial drivers license with a P or Sendorsement to the person.

(2)        If the Division isunable to access either the statewide registry or all of the states' informationcontained in the National Sex Offender Public Registry, but the person isotherwise qualified to obtain a commercial drivers license with a P or Sendorsement, then the Division shall issue the commercial drivers license withthe P or S endorsement but shall first require the person to sign an affidavitstating that the person does not appear on either the statewide registry or theNational Sex Offender Public Registry. The Division shall search the statewideregistry and the National Sex Offender Public Registry for the person within areasonable time after access to the statewide registry or the National SexOffender Public Registry is restored. If the person does appear in eitherregistry, the person is in violation of this section, and the Division shallimmediately cancel the commercial drivers license and shall promptly notify thesheriff of the county where the person resides of the offense.

(3)        Any person denied acommercial license with a P or S endorsement or who is disqualified from drivinga commercial motor vehicle that requires a commercial drivers license with a Por S endorsement by the Division pursuant to this subsection shall have a rightto file a petition within 30 days thereafter for a hearing in the matter, inthe superior court of the county where the person resides, or to the residentjudge of the district or judge holding the court of that district, or specialor emergency judge holding a court in such district. The court or judge isvested with jurisdiction to hear the petition, and it shall be the duty of thejudge or court to set the matter for hearing upon 30 days' written notice tothe Division, and thereupon to take testimony and examine into the facts of thecase and to determine whether the petitioner is entitled to a commercialdrivers license with a P or S endorsement under the provisions of thissubsection.

(c)        Any person whomakes a false affidavit, or who knowingly swears or affirms falsely, to anymatter or thing required by the terms of this section to be affirmed to orsworn is guilty of a Class I felony.  (2009‑491, s. 6.)

State Codes and Statutes

Statutes > North-carolina > Chapter_20 > GS_20-37_14A

§ 20‑37.14A.  Prohibitissuance or renewal of certain categories of commercial drivers licenses to sexoffenders.

(a)        Effective December1, 2009, the Division shall not issue or renew a commercial drivers licensewith a P or S endorsement to any person who is required to register underArticle 27A of Chapter 14 of the General Statutes.

(b)        The Division shallnot issue a commercial drivers license with a P or S endorsement to anapplicant until the Division has searched both the statewide registry and theNational Sex Offender Public Registry to determine if the person is currentlyregistered as a sex offender in North Carolina or another state.

(1)        If the Divisionfinds that the person is currently registered as a sex offender in either NorthCarolina or another state, the Division, in compliance with subsection (a) ofthis section, shall not issue a commercial drivers license with a P or Sendorsement to the person.

(2)        If the Division isunable to access either the statewide registry or all of the states' informationcontained in the National Sex Offender Public Registry, but the person isotherwise qualified to obtain a commercial drivers license with a P or Sendorsement, then the Division shall issue the commercial drivers license withthe P or S endorsement but shall first require the person to sign an affidavitstating that the person does not appear on either the statewide registry or theNational Sex Offender Public Registry. The Division shall search the statewideregistry and the National Sex Offender Public Registry for the person within areasonable time after access to the statewide registry or the National SexOffender Public Registry is restored. If the person does appear in eitherregistry, the person is in violation of this section, and the Division shallimmediately cancel the commercial drivers license and shall promptly notify thesheriff of the county where the person resides of the offense.

(3)        Any person denied acommercial license with a P or S endorsement or who is disqualified from drivinga commercial motor vehicle that requires a commercial drivers license with a Por S endorsement by the Division pursuant to this subsection shall have a rightto file a petition within 30 days thereafter for a hearing in the matter, inthe superior court of the county where the person resides, or to the residentjudge of the district or judge holding the court of that district, or specialor emergency judge holding a court in such district. The court or judge isvested with jurisdiction to hear the petition, and it shall be the duty of thejudge or court to set the matter for hearing upon 30 days' written notice tothe Division, and thereupon to take testimony and examine into the facts of thecase and to determine whether the petitioner is entitled to a commercialdrivers license with a P or S endorsement under the provisions of thissubsection.

(c)        Any person whomakes a false affidavit, or who knowingly swears or affirms falsely, to anymatter or thing required by the terms of this section to be affirmed to orsworn is guilty of a Class I felony.  (2009‑491, s. 6.)


State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_20 > GS_20-37_14A

§ 20‑37.14A.  Prohibitissuance or renewal of certain categories of commercial drivers licenses to sexoffenders.

(a)        Effective December1, 2009, the Division shall not issue or renew a commercial drivers licensewith a P or S endorsement to any person who is required to register underArticle 27A of Chapter 14 of the General Statutes.

(b)        The Division shallnot issue a commercial drivers license with a P or S endorsement to anapplicant until the Division has searched both the statewide registry and theNational Sex Offender Public Registry to determine if the person is currentlyregistered as a sex offender in North Carolina or another state.

(1)        If the Divisionfinds that the person is currently registered as a sex offender in either NorthCarolina or another state, the Division, in compliance with subsection (a) ofthis section, shall not issue a commercial drivers license with a P or Sendorsement to the person.

(2)        If the Division isunable to access either the statewide registry or all of the states' informationcontained in the National Sex Offender Public Registry, but the person isotherwise qualified to obtain a commercial drivers license with a P or Sendorsement, then the Division shall issue the commercial drivers license withthe P or S endorsement but shall first require the person to sign an affidavitstating that the person does not appear on either the statewide registry or theNational Sex Offender Public Registry. The Division shall search the statewideregistry and the National Sex Offender Public Registry for the person within areasonable time after access to the statewide registry or the National SexOffender Public Registry is restored. If the person does appear in eitherregistry, the person is in violation of this section, and the Division shallimmediately cancel the commercial drivers license and shall promptly notify thesheriff of the county where the person resides of the offense.

(3)        Any person denied acommercial license with a P or S endorsement or who is disqualified from drivinga commercial motor vehicle that requires a commercial drivers license with a Por S endorsement by the Division pursuant to this subsection shall have a rightto file a petition within 30 days thereafter for a hearing in the matter, inthe superior court of the county where the person resides, or to the residentjudge of the district or judge holding the court of that district, or specialor emergency judge holding a court in such district. The court or judge isvested with jurisdiction to hear the petition, and it shall be the duty of thejudge or court to set the matter for hearing upon 30 days' written notice tothe Division, and thereupon to take testimony and examine into the facts of thecase and to determine whether the petitioner is entitled to a commercialdrivers license with a P or S endorsement under the provisions of thissubsection.

(c)        Any person whomakes a false affidavit, or who knowingly swears or affirms falsely, to anymatter or thing required by the terms of this section to be affirmed to orsworn is guilty of a Class I felony.  (2009‑491, s. 6.)