SUBCHAPTER 3B DRIVER LICENSE SECTION
SECTION .0100 GENERAL INFORMATION
19A NCAC 03B .0101PURPOSE
This Section provides information on the following:
(1)the four tests that may be required of an applicant for a driver's license;
(2)the medical evaluation program;
(3)driving records;
(4)classified driver's license.
History Note:Authority G.S. 201; 207(a) to (e); 209; 20-15; 2017.1; 20-24; 20-26; 20-27; 20-39; 11128;
Eff. July 1, 1978;
Amended Eff. June 5, 1981.
19A NCAC 03B .0102DEFINITIONS
History Note:Authority G.S. 204.01; 207(c);
Eff. July 1, 1978;
Amended Eff. June 5, 1981;
Repealed Eff. July 1, 1982.
19A NCAC 03B .0103FORMS
The forms used by the driver license section of the Division of Motor Vehicles are on file in the commissioner's office and are available for review during normal working hours.
History Note:Authority G.S. 207; 20-39;
Eff. July 1, 1978;
Amended Eff. November 1, 1991; June 5, 1981.
19A NCAC 03B .0104REEXAMINATION FOR TRAFFIC VIOLATIONS
19A NCAC 03B .0105REEXAMINATION MAY BE REQUIRED
19A NCAC 03B .0106SPECIAL OPERATOR'S LICENSE
19A NCAC 03B .0107TEMPORARY LEARNER'S PERMITS
19A NCAC 03B .0108DESCRIPTION
19A NCAC 03B .0109MINORS
19A NCAC 03B .0110DUPLICATE LICENSE FEE
19A NCAC 03B .0111EXEMPTIONS FROM LICENSE REQUIREMENTS
19A NCAC 03B .0112AGE LIMITS
19A NCAC 03B .0113PERSONS NOT TO BE LICENSED
19A NCAC 03B .0114ADDRESS CHANGE
19A NCAC 03B .0115PUBLIC PASSENGER DRIVER'S AGE LIMIT
19A NCAC 03B .0116CANCELLATION FOR INCORRECT INFORMATION
19A NCAC 03B .0117SPECIAL IDENTIFICATION CARD
19A NCAC 03B .0118FORMS ON FILE
History Note:Authority G.S. 201; 207; 207.1; 207(f),(l),(n); 208(1) to (7); 209(a) to (f); 2010; 2011(a) to (c); 2012; 2015(a),(b); 2029.1; 2037.1; 2037.7(a) to (h);
Eff. July 1, 1978;
Repealed Eff. June 30, 1981.
19A NCAC 03B .0119FEE FOR DRIVER IMPROVEMENT CLINIC
A twentyfive ($25.00) fee shall be charged to persons who are assigned and attend the driver improvement clinic. Payment must be made to a driver license representative prior to attending the first class. A certified check, money order or cash will be required, and a receipt for payment, in any form, will be issued. Personal checks will not be accepted.
History Note:Authority G.S. 201; 2016(c); 2016(e); 20-39;
Eff. October 1, 1982;
Amended Eff. November 1, 1991.
section .0200 - DRIVER'S LICENSE ISSUANCE
19A NCAC 03B .0201DRIVER'S LICENSE EXAMINATION AND ONLINE RENEWAL
(a) The Division shall issue a driver's license to any person who passes the tests and meets the requirements listed below and is otherwise eligible under G.S. 20to hold a license. Applicants for a driver's license are subject to the following tests and requirements:
(1)Knowledge Examination. This is an automated computer test on knowledge of rules of the road. An audio component allows applicants with reading comprehension difficulties to listen to the test questions by use of earphones. Eighty percent of the questions shall be answered correctly in order to pass the knowledge examination. For the issuance of a remote renewal, the requirement of a knowledge examination shall be waived.
(2)Road Signs. This is a test on knowledge of highway signs and their meanings. Applicants for a regular Class "C" license shall correctly identify nine of twelve road signs. Applicants for "A" or "B" licenses shall correctly identify all road signs. For the issuance of a remote renewal, the requirement of the road signs test shall be waived.
(3)Visual Acuity Test. The applicant's visual acuity shall be 20/40 or better in either eye or both eyes together to receive an unrestricted license. A license is restricted to require corrective lenses if acuity is less than 20/40 in either eye or both eyes together.
(4)Road Test. The road test measures the applicant's ability to operate a motor vehicle safely in actual traffic situations. The required maneuvers are: quick stop, turnabout, backing, approach corner, right turns, left turns, traffic lights, use of vehicle operating equipment, starts, use of lanes, use of brakes, following, and paying attention. Approval or disapproval is determined by the driver license examiner based upon the applicant's ability to execute the required maneuvers. For the issuance of a remote renewal, the requirement of a road test shall be waived.
(5)Remote Renewal. The renewal of a driver's license by mail, telephone, or electronic device. Applicants will find instructions for remote renewal on the Division of Motor Vehicles' Website at A driver's license issued by remote renewal expires in accordance with G.S. 20-7(f)(6)c.
(6)Attestation. An applicant eligible to make application for a remote renewal shall truthfully attest to the following as part of the application for a remote renewal:
(A)The applicant is a resident of North Carolina and currently resides at the address listed on the license to be renewed;
(B)The license holder's name as it appears on the license to be renewed has not changed;
(C)All information provided during the application for a remote renewal has been provided truthfully;
(D)That the applicant knows of no change in his or her vision since the last time the applicant passed the visual acuity test in Subparagraph (a)(3) of this Rule that would impair the applicant's ability to safely drive a motor vehicle; and
(E)That no change in physical or mental abilities has occurred since the last issuance.
(7)Photo Requirement. The requirement of a newly captured photo in G.S. 20-7(n)(4) shall be waived for an applicant eligible to make application for a remote renewal, providing the applicant has an existing DMV photo on file.
(8)Upon completion of the remote renewal process, the license shall be renewed if all criteria in G.S. 20-7 are met. The applicant may use the current license for all legitimate driver license purposes until the license becomes invalid for some other reason, or receipt of the new license card.
(b) The tests contained in Paragraph (a) shall be administered as follows:
(1)First time applicants. Applicants applying for a driver's license for the first time shall complete the full examination, to include the knowledge examination, road signs test, visual acuity test, and road test. Applicants in this Subparagraph are not eligible to apply for remote renewal.
(2)Renewals and licenses expired less than two years. Applicants seeking to renew a valid, unexpired North Carolina driver’s license shall complete the road signs test and visual acuity test, unless the applicant is renewing remotely. Applicants possessing a previously issued North Carolina driver's license, expired less than two years, shall complete the road signs test and visual acuity test. An applicant shall attest during the application for a remote driver license renewal that the applicant knows of no change in his or her vision as set out in Part (a)(6)(D) of this Rule.
(3)Applicants possessing a previously issued North Carolina driver's license expired greater than two years. Applicants shall complete the full examination, to include the knowledge examination, road signs test, visual acuity test, and road test. Applicants in this Subparagraph are not eligible to apply for remote renewal.
(4)Applicants with a driver's license issued by another State, which is valid and current, or expired less than two years. Applicants seeking to transfer their current driver's license from another state or applicants possessing a driver's license issued by another state that is expired less than two years shall complete the road signs test and visual acuity test. Applicants in this Subparagraph are not eligible to apply for remote renewal.
(5)Applicants with a driver's license issued by another state, expired more than two years. Applicants shall complete the full examination, to include the knowledge examination, road signs test, visual acuity test, and road test. Applicants in this Subparagraph are not eligible to apply for remote renewal.
History Note:Authority G.S. 20-2; 207(a),(c),(f); 20-39; S.L. 2014-100, s. 34.8(a),34.8(b);
Eff. July 1, 1978;
Amended Eff. May 4, 2015; May 1, 2014; December 1, 1993; July 1, 1982; June 5, 1981.
19A NCAC 03B .0202MEDICAL CONDITION REFERRAL
19A NCAC 03B .0203MEDICAL REVIEW BOARD
History Note:Authority G.S. 201; 209(a) to (h); 209(1) to (4); 209(4)(a) to (h); 2015; 2017.1(a) to (f); 11128;
Eff. July 1, 1978;
Repealed Eff. June 30, 1981.
SECTION .0300 MEDICAL EVALUATION
19A NCAC 03B .0301ACUTE OR CHRONIC ILLNESSES
(a) Certain illnesses such as uncontrolled epilepsy, diabetes, severe vision problems, certain forms of mental illness, alcoholism and others, may make driving unadvisable either temporarily or permanently. Drivers suffering from such an illness may be referred to the Division for evaluation by any one of the following:
(1)driver license examiner,
(2)driver license hearing officer,
(3)driver education specialist,
(4)law enforcement officers,
(5)court officials,
(6)physicians,
(7)citizens.
(b) Reports of chronic illness will be evaluated by a Division of Health Services physician and may be reviewed by a panel of practicing physicians. The panel of physicians may recommend approval of the subject's driving privilege, approval with restrictions or disapproval. A driver receiving an unfavorable decision may appeal the decisions to the Medical Review Board.
History Note:Authority G.S. 201; 209; 2017.1;
Eff. July 1, 1978;
Amended Eff. November 1, 1991; June 5, 1981.
19A NCAC 03B .0302NEGLIGENT DRIVERS
19A NCAC 03B .0303DRIVER IMPROVEMENT CLINIC
19A NCAC 03B .0304MANDATORY SUSPENSION
19A NCAC 03B .0305NONCOMPLIANCE
19A NCAC 03B .0306CHEMICAL TEST REFUSAL
19A NCAC 03B .0307REVOCATIONS
19A NCAC 03B .0308DRIVING WHILE LICENSE REVOKED OR SUSPENDED
19A NCAC 03B .0309PREARRANGED SPEED COMPETITION
19A NCAC 03B .0310WILLFUL SPEED COMPETITION
19A NCAC 03B .0311MOTOR VEHICLE CONVICTION IN ANOTHER STATE
19A NCAC 03B .0312PRIVILEGE TO DRIVE
19A NCAC 03B .0313LICENSE PICKED UP BY COURT
19A NCAC 03B .0314APPEAL TO COURT
19A NCAC 03B .0315RESTORATION FEE
19A NCAC 03B .0316FORMS ON FILE
19A NCAC 03B .0317HABITUAL OFFENDERS
History Note:Authority G.S. 201; 204; 204.20; 207; 207(i)(l); 209; 2016(a)(2); 2016(a)(4) to (10); 2016(a)(7); 2016(a)(10a); 2016(a)(11); 2016(c); 2016(d); 2016.1; 2016.2; 2016.2(a)(1 to 4); 2016.2(b) to (h); 2016.3; 2017.1; 2017(1) to (4),(6) to (8); 2019(d) to (f); 2023; 2023.1; 2023.2; 2024; 2025; 2028; 2028.1; 20141.3(a),(b),(e); S.L. 1977, c. 243;
Eff. July 1, 1978;
Repealed Eff. June 30, 1981.
SECTION .0400 RECORDS
19A NCAC 03B .0401CONVICTIONS REPORTED BY COURT
19A NCAC 03B .0402OUT OF STATE VIOLATION
History Note:Authority G.S. 201; 2024(a) to (d); 2026(a);
Eff. July 1, 1978;
Repealed Eff. June 30, 1981.
19A NCAC 03B .0403DRIVING RECORDS
North Carolina G.S. 2026(c) provides for copies of driver license records to be furnished, upon prepayment of the appropriate fee, to persons, firms or corporations for uses other than official. The record check will contain only public information concerning the subject of the driver license check. Collision reports are not public information and shall not be a part of the driver license record check. Information on a specific collision may be obtained from the Collision Reports/General Services Section of the Division of Motor Vehicles, 1100 New Bern Avenue, Raleigh, North Carolina 27697.
History Note:Authority G.S. 201; 2026(b),(c); 20-39;
Eff. July 1, 1978;
Amended Eff. December 1, 1993; November 1, 1991; July 1, 1982.
19A NCAC 03B .0404RECORDS AVAILABLE TO PUBLIC
History Note:Authority G.S. 201; 2027;
Eff. July 1, 1978;
Repealed Eff. June 30, 1981.
SECTION .0500 FORMS
19A NCAC 03B .0501FORMS: DRIVER SERVICES SECTION
19A NCAC 03B .0502FORMS ON FILE
History Note:Authority G.S. 201; 203;
Eff. July 1, 1978;
Repealed Eff. June 30, 1981.
SECTION .0600 CLASSIFIED DRIVERS' LICENSE
19A NCAC 03B .0601GENERAL INFORMATION
Where provisions of this Section .0600 (Classified Drivers' License) may be in conflict with the provisions of Section .0700 (Commercial Drivers' License) or those of 19A NCAC 3J (Rules and Regulations Governing the Licensing of Commercial Truck Driver Training Schools and Instructors), the provisions of Section .0700 and those of 19A NCAC 3J will prevail.
History Note:Authority G.S. 207; 20-39; S.L. 1979, c. 667, s. 40;
Eff. June 5, 1981;
Amended Eff. December 1, 1993; November 1, 1991.
19A NCAC 03B .0602GROSS VEHICLE WEIGHT
(a) Gross vehicle weight shall be the actual weight of a vehicle as may be determined by weighing the vehicle at a permanent weigh station or by use of portable scales provided, however, that for the purposes of Article 2 of G.S. 20 the registered weight of the vehicle shall be considered the gross weight.
(b) Gross vehicle weight of motor vehicles bearing permanent registration plates or other plates for which no weight is required to be shown on the registration card shall be the actual scale weight of the vehicle provided, however, for the purposes of Article 2 of G.S. 20 the gross vehicle weight of any single motor vehicle so registered having three axles or more and designed as a property hauling vehicle shall be deemed to be over 30,000 pounds.
(c) The gross vehicle weight of a towed vehicle shall be the actual scale weight of the vehicle.
History Note:Authority 20-39; S.L. 1979, c. 667, s. 40;
Eff. June 5, 1981.
19A NCAC 03B .0603COMPANY ADMINISTERED ROAD TEST AND CERTIFICATION
For Class "A" or "B" driver's license:
(1)Companies desiring authorization to certify road test for their employees must meet the following qualifications:
(a)Employees must be applicants for a Class "A" or "B" license, either original or renewal.
(b)Company must make application to the Division for company certification approval.
(c)Company must appoint a safety officer and an examiner.
(d)Transporting people or property in a motor vehicle must be an essential part of the company's operation.
(e)Company must operate motor vehicles of the type requiring a Class "A" or "B" license.
(2)Companies approved for the program will be assigned a certification number to be used on all certificates issued to their employees. One number will be assigned to each company and this number is to be used by the examiner at any of his companies' offices or terminals. The company number as well as the signatures of the company safety officer and the examiner must appear on the road test certificate. Each company shall report to the Division, by the tenth of each month, all employees certified by their examiner during the preceding month. Negative reports are not required.
(3)The duties and requirements of a company examiner are as follows:
(a)The company examiner shall be a fulltime employee.
(b)The examiner shall have a valid driver's license of the class for which he conducts road tests.
(c)The examiner's application for certification must be endorsed by the company safety officer and approved by the Division of Motor Vehicles.
(d)The examiner must sign a statement attesting to, or demonstrate to a designated Division of Motor Vehicles' official, his ability to operate a motor vehicle of the type for which he is conducting road tests.
(e)The examiner shall determine that the applicant has a valid learner's permit of the proper class. Outofstate employees holding a valid license comparable to the type applied for do not have to have a learner's permit.
(f)The examiner shall place the approval form in a sealed envelope and instruct the applicant to deliver the envelope, unopened, to a driver's license examining station within 30 days.
(4)An applicant whose license renewal card reflects a driving record indicating the need for a road test may be certified by a company examiner. Reflection of the need for a road test is indicated by an asterisk (*), adjacent to the letters RT appearing on the renewal card.
(5)Any company road test certification inadvertently issued to a person whose license is in a state of suspension or revocation shall be returned to the Division of Motor Vehicles with a note of explanation to the issuing company.
(6)Recertification is required when a company safety officer or company examiner changes employment. The Division must be notified within 15 days when either the safety officer or the examiner is terminated or changes places of employment.
History Note:Authority G.S. 207(c); 20-39;
Eff. June 5, 1981;
Amended Eff. December 1, 1993; July 1, 1981.
19A NCAC 03B .0604DEFINITIONS
As used in this Section:
(1)"Company" means a corporation, partnership, joint venture, sole proprietorship or a federal, state, county or municipal agency. Schools as defined by this section are not companies.
(2)"Company Examiner" means a person selected by a company and certified by the Division to administer road tests for Class "A" or "B" license applicants.
(3)"Company Safety Officer" means the person or persons selected by a company to supervise the company's examiners and be responsible for the maintenance of records and submission of forms to the Division.
(4)"Fulltime Employee" means a person who works for a company a minimum average of 37 1/2 hours per week.
(5)"Student" means any individual who is enrolled in a commercial driver training school or school on a fulltime basis. The number of hours required to complete such school shall be at least 163 hours. Students may attend school on a parttime basis to obtain the necessary hours. Correspondence courses are not included in the number of hours needed for the purpose of administering road tests.
History Note:Authority G.S. 204.01; 207(c); 20-321;
Eff. July 1, 1982;
Amended Eff. December 1, 1993.
19A NCAC 03B .0605REQUEST FOR PROGRAM APPROVAL
19A NCAC 03B .0606COMPANY CERTIFICATION CRITERIA
19A NCAC 03B .0607COMPANY CERTIFICATION
History Note:Authority G.S. 207(c);
Eff. July 1, 1982;
Repealed Eff. December 1, 1993.
19A NCAC 03B .0608COMPANY ROAD TEST CERTIFICATE
The road test certificate must be on a form approved by the Division (Form CL1).
History Note:Authority G.S. 207(c); 20-39;
Eff. July 1, 1982;
Amended Eff. December 1, 1993.
19A NCAC 03B .0609COMPANY OR EXAMINER CHANGE IN STATUS
When a company examiner or a company safety officer changes employment, he must be recertified by the Division. If a company ceases operation and reopens for business, the company must be recertified. If the company or school's business address changes, it must be reinspected prior to administering road tests.
History Note:Authority G.S. 207(c); 20-39;
Eff. July 1, 1982;
Amended Eff. December 1, 1993.
19A NCAC 03B .0610REPORTS BY COMPANY OR ITS EMPLOYEES
19A NCAC 03B .0611COMPANY EXAMINER REQUIREMENTS AND DUTIES
History Note:Authority G.S. 207(c);
Eff. July 1, 1982;
Repealed Eff. December 1, 1993.
19A NCAC 03B .0612ROAD TESTING OF COMPANY EMPLOYEES FOR CLASSIFIED LICENSE
(a) An employee for a company certified by this Section applying for an original license must pass a road test in a vehicle of the same class as the license for which he has applied. If the applicant has no apparent health problems or physical disabilities, the driver license examiner may allow the company examiner to administer the road test.
(b) If an asterisk (*) appears on the driver license renewal application adjacent to the letters RT, the applicant may be required to take a road test. The driver license examiner will determine if a road test will be administered, the type vehicle to be used and whether he or the company examiner will administer the road test.
(c) A company examiner may conduct road tests in vehicles requiring a Class "A" or "B" license only. Applicants given the road test by the company examiner must:
(1)be referred to the company by the driver license examiner;
(2)have either a valid Class "A" or "B" license or a Class "A" or "B" learner's permit;
(3)be employed (either fulltime or parttime) by the company;
(4)be tested for either a Class "A" or "B" license.
History Note:Authority G.S. 207; 20-39; S.L. 1979, Ch. 667, s. 40;
Eff. July 1, 1982;
Amended Eff. December 1, 1993.
19A NCAC 03B .0613REVOCATION OR SUSPENSION OF A COMPANY OR COMPANY EXAMINERS
If any company, company safety officer or company examiner is alleged to be in violation of any provision of these Rules, the company, safety officer or examiner shall be notified by registered or certified mail (addressee only) setting forth the alleged violation. The company, through its owner or an officer, may request in writing a hearing. This request must be made within ten days of receipt of the registered or certified letter. The hearing shall be conducted by a Division official designated by the commissioner. The company may be represented by counsel. Upon completion of the hearing, the Division shall notify the company within ten days of the decision of the Division official as to suspension, revocation or other action. This decision may be appealed as provided by G.S. 150B. Recertification will be required if any company or company examiner's certification is revoked or cancelled.