§ 20-11. Issuance of limited learner's permit and provisional drivers license to person who is less than 18 years old.
§ 20‑11. Issuance oflimited learner's permit and provisional drivers license to person who is lessthan 18 years old.
(a) Process. Safedriving requires instruction in driving and experience. To ensure that a personwho is less than 18 years old has both instruction and experience beforeobtaining a drivers license, driving privileges are granted first on a limitedbasis and are then expanded in accordance with the following process:
(1) Level 1. Drivingwith a limited learner's permit.
(2) Level 2. Drivingwith a limited provisional license.
(3) Level 3. Drivingwith a full provisional license.
A permit or license issued underthis section must have a color background or border that indicates the level ofdriving privileges granted by the permit or license.
(b) Level 1. A personwho is at least 15 years old but less than 18 years old may obtain a limitedlearner's permit if the person meets all of the following requirements:
(1) Passes a course ofdriver education prescribed in G.S. 20‑88.1 or a course of driverinstruction at a licensed commercial driver training school.
(2) Passes a writtentest administered by the Division.
(3) Has a drivingeligibility certificate or a high school diploma or its equivalent.
(c) Level 1Restrictions. A limited learner's permit authorizes the permit holder todrive a specified type or class of motor vehicle only under the followingconditions:
(1) The permit holdermust be in possession of the permit.
(2) A supervising drivermust be seated beside the permit holder in the front seat of the vehicle whenit is in motion. No person other than the supervising driver can be in thefront seat.
(3) For the first sixmonths after issuance, the permit holder may drive only between the hours of5:00 a.m. and 9:00 p.m.
(4) After the first sixmonths after issuance, the permit holder may drive at any time.
(5) Every personoccupying the vehicle being driven by the permit holder must have a safety beltproperly fastened about his or her body, or be restrained by a child passengerrestraint system as provided in G.S. 20‑137.1(a), when the vehicle is inmotion.
(6) The permit holdershall not use a mobile telephone or other additional technology associated witha mobile telephone while operating the motor vehicle on a public street orhighway or public vehicular area.
(d) Level 2. A personwho is at least 16 years old but less than 18 years old may obtain a limitedprovisional license if the person meets all of the following requirements:
(1) Has held a limitedlearner's permit issued by the Division for at least 12 months.
(2) Has not beenconvicted of a motor vehicle moving violation or seat belt infraction or aviolation of G.S. 20‑137.3 during the preceding six months.
(3) Passes a road testadministered by the Division.
(4) Has a drivingeligibility certificate or a high school diploma or its equivalent.
(e) Level 2Restrictions. A limited provisional license authorizes the license holder todrive a specified type or class of motor vehicle only under the followingconditions:
(1) The license holdershall be in possession of the license.
(2) The license holdermay drive without supervision in any of the following circumstances:
a. From 5:00 a.m. to9:00 p.m.
b. When driving to orfrom work.
c. When driving to orfrom an activity of a volunteer fire department, volunteer rescue squad, orvolunteer emergency medical service, if the driver is a member of theorganization.
(3) The license holdermay drive with supervision at any time. When the license holder is driving withsupervision, the supervising driver shall be seated beside the license holderin the front seat of the vehicle when it is in motion. The supervising driverneed not be the only other occupant of the front seat, but shall be the personseated next to the license holder.
(4) When the licenseholder is driving the vehicle and is not accompanied by the supervising driver,there may be no more than one passenger under 21 years of age in the vehicle.This limit does not apply to passengers who are members of the license holder'simmediate family or whose primary residence is the same household as thelicense holder. However, if a family member or member of the same household asthe license holder who is younger than 21 years of age is a passenger in thevehicle, no other passengers under 21 years of age, who are not members of thelicense holder's immediate family or members of the license holder's household,may be in the vehicle.
(5) Every personoccupying the vehicle being driven by the license holder shall have a safetybelt properly fastened about his or her body, or be restrained by a childpassenger restraint system as provided in G.S. 20‑137.1(a), when thevehicle is in motion.
(6) The license holdershall not use a mobile telephone or other additional technology associated witha mobile telephone while operating the vehicle on a public street or highway orpublic vehicular area.
(f) Level 3. Aperson who is at least 16 years old but less than 18 years old may obtain afull provisional license if the person meets all of the following requirements:
(1) Has held a limitedprovisional license issued by the Division for at least six months.
(2) Has not beenconvicted of a motor vehicle moving violation or seat belt infraction or aviolation of G.S. 20‑137.3 during the preceding six months.
(3) Has a drivingeligibility certificate or a high school diploma or its equivalent.
A person who meets theserequirements may obtain a full provisional license by mail.
(g) Level 3Restrictions. The restrictions on Level 1 and Level 2 drivers concerning timeof driving, supervision, and passenger limitations do not apply to a fullprovisional license. However, the prohibition against operating a motor vehiclewhile using a mobile telephone under G.S. 20‑137.3(b) shall apply to a fullprovisional license.
(h) Exception forPersons 16 to 18 Who Have an Unrestricted Out‑of‑State License. Aperson who is at least 16 years old but less than 18 years old, who was aresident of another state and has an unrestricted drivers license issued bythat state, and who becomes a resident of this State may obtain one of thefollowing upon the submission of a driving eligibility certificate or a highschool diploma or its equivalent:
(1) A temporary permit,if the person has not completed a drivers education program that meets therequirements of the Superintendent of Public Instruction but is currentlyenrolled in a drivers education program that meets these requirements. Atemporary permit is valid for the period specified in the permit and authorizesthe holder of the permit to drive a specified type or class of motor vehiclewhen in possession of the permit, subject to any restrictions imposed by theDivision concerning time of driving, supervision, and passenger limitations.The period must end within 10 days after the expected completion date of thedrivers education program in which the applicant is enrolled.
(2) A full provisionallicense, if the person has completed a drivers education program that meets therequirements of the Superintendent of Public Instruction, has held the licenseissued by the other state for at least 12 months, and has not been convictedduring the preceding six months of a motor vehicle moving violation, a seatbelt infraction, or an offense committed in another jurisdiction that would bea motor vehicle moving violation or seat belt infraction if committed in thisState.
(2a) A full provisionallicense, if the person has completed a drivers education program that meets therequirements of the Superintendent of Public Instruction, has held both alearner's permit and a restricted license from another state for at least sixmonths each, the Commissioner finds that the requirements for the learner'spermit and restricted license are comparable to the requirements for a learner'spermit and restricted license in this State, and the person has not beenconvicted during the preceding six months of a motor vehicle moving violation,a seat belt infraction, or an offense committed in another jurisdiction thatwould be a moving violation or a seat belt infraction if committed in thisState.
(3) A limitedprovisional license, if the person has completed a drivers education programthat meets the requirements of the Superintendent of Public Instruction buteither did not hold the license issued by the other state for at least 12months or was convicted during the preceding six months of a motor vehiclemoving violation, a seat belt infraction, or an offense committed in anotherjurisdiction that would be a motor vehicle moving violation or seat beltinfraction if committed in this State.
(h1) Exception forPersons 16 to 18 Who Have an Out‑of‑State Restricted License. Aperson who is at least 16 years old but less than 18 years old, who was aresident of another state and has a restricted drivers license issued by thatstate, and who becomes a resident of this State may obtain one of thefollowing:
(1) A limitedprovisional license, if the person has completed a drivers education programthat meets the requirements of the Superintendent of Public Instruction, heldthe restricted license issued by the other state for at least 12 months, andwhose parent or guardian certifies that the person has not been convictedduring the preceding six months of a motor vehicle moving violation, a seatbelt infraction, or an offense committed in another jurisdiction that would bea motor vehicle moving violation or seat belt infraction if committed in thisState.
(2) A limited learnerspermit, if the person has completed a drivers education program that meets therequirements of the Superintendent of Public Instruction but either did nothold the restricted license issued by the other state for at least 12 months orwas convicted during the preceding six months of a motor vehicle movingviolation, a seat belt infraction, or an offense committed in anotherjurisdiction that would be a motor vehicle moving violation or seat beltinfraction if committed in this State. A person who qualifies for a limitedlearners permit under this subdivision and whose parent or guardian certifiesthat the person has not been convicted of a moving violation in the precedingsix months shall be deemed to have held a limited learners permit in this Statefor each month the person held a restricted license in another state.
(h2) Exception forPersons Age 15 Who Have an Out‑of‑State Unrestricted or RestrictedLicense. A person who is age 15, who was a resident of another state, has anunrestricted or restricted drivers license issued by that state, and whobecomes a resident of this State may obtain a limited learners permit if theperson has completed a drivers education program that meets the requirements ofthe Superintendent of Public Instruction. A person who qualifies for a limitedlearners permit under this subsection and whose parent or guardian certifiesthat the person has not been convicted of a moving violation in the precedingsix months shall be deemed to have held a limited learners permit in this Statefor each month the person held an unrestricted or restricted license in anotherstate.
(h3) Exception forPersons Less Than Age 18 Who Have a Federally Issued Unrestricted or RestrictedLicense. A person who is less than age 18, who has an unrestricted orrestricted drivers license issued by the federal government, and who becomes aresident of this State may obtain a limited provisional license or aprovisional license if the person has completed a drivers education programsubstantially equivalent to the drivers education program that meets therequirements of the Superintendent of Public Instruction. A person whoqualifies for a limited provisional license or a provisional license under thissubsection and whose parent or guardian certifies that the person has not beenconvicted of a moving violation in the preceding six months shall be deemed tohave held a limited provisional license or a provisional license in this Statefor each month the person held an unrestricted or restricted license issued bythe federal government.
(i) Application. Anapplication for a permit or license authorized by this section must be signedby both the applicant and another person. That person must be:
(1) The applicant'sparent or guardian;
(2) A person approved bythe applicant's parent or guardian; or
(3) A person approved bythe Division.
(j) Duration and Fee. A limited learner's permit expires on the eighteenth birthday of the permitholder. A limited provisional license expires on the eighteenth birthday of thelicense holder. A limited learner's permit or limited provisional licenseissued under this section that expires on a weekend or State holiday shallremain valid through the fifth regular State business day following the date ofexpiration. A full provisional license expires on the date set under G.S. 20‑7(f).The fee for a limited learner's permit or a limited provisional license isfifteen dollars ($15.00). The fee for a full provisional license is the amountset under G.S. 20‑7(i).
(k) Supervising Driver. A supervising driver shall be a parent, grandparent, or guardian of thepermit holder or license holder or a responsible person approved by the parentor guardian or the Division. A supervising driver shall be a licensed driverwho has been licensed for at least five years. At least one supervising drivershall sign the application for a permit or license.
(l) Violations. Itis unlawful for the holder of a limited learner's permit, a temporary permit,or a limited provisional license to drive a motor vehicle in violation of therestrictions that apply to the permit or license. Failure to comply with arestriction concerning the time of driving or the presence of a supervisingdriver in the vehicle constitutes operating a motor vehicle without a license.Failure to comply with the restriction regarding the use of a mobile telephonewhile operating a motor vehicle is an infraction punishable by a fine of twenty‑fivedollars ($25.00). Failure to comply with any other restriction, includingseating and passenger limitations, is an infraction punishable by a monetarypenalty as provided in G.S. 20‑176. Failure to comply with the provisionsof subsections (e) and (g) of this section shall not constitute negligence perse or contributory negligence by the driver or passenger in any action for therecovery of damages arising out of the operation, ownership or maintenance of amotor vehicle. Any evidence of failure to comply with the provisions ofsubdivisions (1), (2), (3), (4), and (5) of subsection (e) of this sectionshall not be admissible in any criminal or civil trial, action, or proceedingexcept in an action based on a violation of this section. No drivers licensepoints or insurance surcharge shall be assessed for failure to comply withseating and occupancy limitations in subsection (e) of this section. No driverslicense points or insurance surcharge shall be assessed for failure to complywith subsection (e) or (g) of this section regarding the use of a mobiletelephone while operating a motor vehicle.
(m) Insurance Status. Theholder of a limited learner's permit is not considered a licensed driver forthe purpose of determining the inexperienced operator premium surcharge underautomobile insurance policies.
(n) Driving EligibilityCertificate. A person who desires to obtain a permit or license issued underthis section must have a high school diploma or its equivalent or must have adriving eligibility certificate. A driving eligibility certificate must meetthe following conditions:
(1) The person who isrequired to sign the certificate under subdivision (4) of this subsection mustshow that he or she has determined that one of the following requirements ismet:
a. The person iscurrently enrolled in school and is making progress toward obtaining a highschool diploma or its equivalent.
b. A substantialhardship would be placed on the person or the person's family if the persondoes not receive a certificate.
c. The person cannotmake progress toward obtaining a high school diploma or its equivalent.
(1a) The person who isrequired to sign the certificate under subdivision (4) of this subsection alsomust show that one of the following requirements is met:
a. The person who seeksa permit or license issued under this section is not subject to subsection (n1)of this section.
b. The person who seeksa permit or license issued under this section is subject to subsection (n1) ofthis section and is eligible for the certificate under that subsection.
(2) It must be on a formapproved by the Division.
(3) It must be datedwithin 30 days of the date the person applies for a permit or license issuableunder this section.
(4) It must be signed bythe applicable person named below:
a. The principal, orthe principal's designee, of the public school in which the person is enrolled.
b. The administrator,or the administrator's designee, of the nonpublic school in which the person isenrolled.
c. The person whoprovides the academic instruction in the home school in which the person isenrolled.
c1. The person whoprovides the academic instruction in the home in accordance with an educationalprogram found by a court, prior to July 1, 1998, to comply with the compulsoryattendance law.
d. The designee of theboard of directors of the charter school in which the person is enrolled.
e. The president, orthe president's designee, of the community college in which the person isenrolled.
Notwithstanding any other law,the decision concerning whether a driving eligibility certificate was properlyissued or improperly denied shall be appealed only as provided under the rulesadopted in accordance with G.S. 115C‑12(28), 115D‑5(a3), or 115C‑566,whichever is applicable, and may not be appealed under this Chapter.
(n1) Lose Control; LoseLicense.
(1) The followingdefinitions apply in this subsection:
a. Applicable Stateentity. The State Board of Education for public schools and charter schools,the State Board of Community Colleges for community colleges, or the Secretaryof Administration for nonpublic schools and home schools.
b. Certificate. Adriving eligibility certificate that meets the conditions of subsection (n) ofthis section.
c. Disciplinary action. An expulsion, a suspension for more than 10 consecutive days, or anassignment to an alternative educational setting for more than 10 consecutivedays.
d. Enumerated studentconduct. One of the following behaviors that results in disciplinary action:
1. The possession orsale of an alcoholic beverage or an illegal controlled substance on schoolproperty.
2. The bringing,possession, or use on school property of a weapon or firearm that resulted indisciplinary action under G.S. 115C‑391(d1) or that could have resultedin that disciplinary action if the conduct had occurred in a public school.
3. The physical assaulton a teacher or other school personnel on school property.
e. School. A publicschool, charter school, community college, nonpublic school, or home school.
f. Schooladministrator. The person who is required to sign certificates undersubdivision (4) of subsection (n) of this section.
g. School property. Thephysical premises of the school, school buses or other vehicles under theschool's control or contract and that are used to transport students, andschool‑sponsored curricular or extracurricular activities that occur onor off the physical premises of the school.
h. Student. A personwho desires to obtain a permit or license issued under this section.
(2) Any student who wassubject to disciplinary action for enumerated student conduct that occurredeither after the first day of July before the school year in which the studentenrolled in the eighth grade or after the student's fourteenth birthday,whichever event occurred first, is subject to this subsection.
(3) A student who issubject to this subsection is eligible for a certificate when the school administratordetermines that the student has exhausted all administrative appeals connectedto the disciplinary action and that one of the following conditions is met:
a. The enumeratedstudent conduct occurred before the student reached the age of 15, and the studentis now at least 16 years old.
b. The enumeratedstudent conduct occurred after the student reached the age of 15, and it is atleast one year after the date the student exhausted all administrative appealsconnected to the disciplinary action.
c. The student needsthe certificate in order to drive to and from school, a drug or alcoholtreatment counseling program, as appropriate, or a mental health treatmentprogram, and no other transportation is available.
(4) A student whosepermit or license is denied or revoked due to ineligibility for a certificateunder this subsection may otherwise be eligible for a certificate if, after sixmonths from the date of the ineligibility, the school administrator determinesthat one of the following conditions is met:
a. The student hasreturned to school or has been placed in an alternative educational setting,and has displayed exemplary student behavior, as defined by the applicableState entity.
b. The disciplinaryaction was for the possession or sale of an alcoholic beverage or an illegalcontrolled substance on school property, and the student subsequently attendedand successfully completed, as defined by the applicable State entity, a drugor alcohol treatment counseling program, as appropriate. (1935, c. 52, s. 6; 1953, c.355; 1955, c. 1187, s. 8; 1963, c. 968, ss. 2, 2A; 1965, c. 410, s. 3; c. 1171;1967, c. 694; 1969, c. 37; 1973, c. 191, ss. 1, 2; c. 664, ss. 1, 2; 1975, c.79; c. 716, s. 5; 1979, c. 101; c. 667, ss. 15, 16, 41; 1981 (Reg. Sess., 1982),c. 1257, s. 2; 1989 (Reg. Sess., 1990), c. 1021, s. 11; 1991, c. 689, s. 326;1993, c. 539, s. 319; 1994, Ex. Sess., c. 24, s. 14(c); 1997‑16, s. 1;1997‑443, s. 32.20; 1997‑507, s. 1; 1998‑149, ss. 2.1, 2.2,2.3, 2.4, 2.5; 1998‑212, s. 9.21(c); 1999‑243, ss. 1, 2; 1999‑276,s. 1; 1999‑387, s. 4; 1999‑452, s. 9; 2001‑194, s. 1; 2001‑487,s. 51.5(a); 2002‑73, ss. 1, 2; 2002‑159, s. 30; 2005‑276, s.44.1(b); 2006‑177, ss. 2‑7.)