HB 863 — Require Driver Retraining Course.

GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2017 H 21 HOUSE BILL 863 Committee Substitute Favorable 6/15/17 Short Title:

Representatives Shepard, Torbett, Rogers, and Hastings (Primary Sponsors).

For a complete list of sponsors, refer to the North Carolina General Assembly web site.

Transportation, if favorable, Finance April 21, 2017 A BILL TO BE ENTITLED AN ACT TO REQUIRE THE DIVISION OF MOTOR VEHICLES TO ESTABLISH AND CONDUCT DRIVER RETRAINING COURSES FOR PERSONS WHO HAVE HAD THEIR DRIVERS LICENSE SUSPENDED PURSUANT TO CERTAIN LAWS.

SECTION 1.(a)1. G.S.

G.S.

(c) The Division shall maintain a record of convictions of every person licensed or required to be licensed under the provisions of this Article as an operator and shall enter therein records of all convictions of such persons for any violation of the motor vehicle laws of this *H863-v-1* General Assembly Of North Carolina Session 2017 State and shall assign to the record of suchthe person, as of the date of commission of the *H863-v-2* General Assembly Of North Carolina Session 2017 offense, a number of points for every such conviction in accordance with the following schedule of convictions and points, except that points shall not be assessed for convictions resulting in suspensions or revocations under other provisions of laws:

5 Page 2 House Bill 863-First Edition General Assembly Of North Carolina Session 2017 Running through stop sign ...........................................................................................

4 Page 2 House Bill 863-Second Edition General Assembly Of North Carolina Session 2017 Speeding in excess of 55 miles per hour......................................................................4 Failing to yield right-of-way ........................................................................................

Upon the restoration of the license or driving privilege of suchthe person whose license or driving privilege has been suspended or revoked because of conviction for a traffic offense, or upon completion of the driver retraining course established in accordance with subsection (d1) of this section within the 90-day presuspensionpre-suspension notice period required under subsection (d) of this section, any points that might previously have been accumulated in the driver's record shall be cancelled.

The Division may also afford any licensee who has House Bill 863-First Edition Page 3 General Assembly Of North Carolina Session 2017 accumulated as many as seven points or any licensee who has accumulated as many as four House Bill 863-Second Edition Page 3 General Assembly Of North Carolina Session 2017 points within a three-year period immediately following reinstatement of his license after a period of suspension or revocation an opportunity to attend a driver improvement clinic operated by the Division and, upon the successful completion of the course taken at the clinic, three points shall be deducted from the licensee's conviction record;

When a license is suspended under the point system provided for herein,herein,in this subsection, the first such suspension shall be for not more than 60 days;

the second such suspension shall not exceed six months and any subsequent suspension shall not exceed one year.Ayear. license suspended pursuant to subdivision (5), (9), (10), or (10a) of subsection (a) of this section shall be indefinite until the person completes the driver retraining course established in accordance with subsection (d1) of this section.

IfIn theaddition, licenseefor completesa thelicense driversuspended retrainingpursuant courseto withinsubdivision the(5), 90-day(9), presuspension(10), noticeor period(10a) requiredof under subsection (d)(a) of this sectionsection, andthe nolicensee othershall provisionbe ofrequired lawto suspendscomplete or revokes the license,driver theretraining Divisioncourse shallestablished cancelin theaccordance suspensionwith andsubsection the(d1) licenseeof maythis retainsection. the license.

If the licensee completes the driver retraining course afterwithin the 90-day presuspensionpre-suspension notice period required under subsection (d) of this sectionsection, and noonly otherif provisionthe ofdrivers lawlicense suspendsis not subject to suspension or revokesrevocation theunder license,another provision of law, the suspensionDivision shall becancel terminatedthe suspension and the licensee may applyretain forhis restorationor ofher thelicense. licensee's driving privilege.

If the licensee completes the driver retraining course after the 90-day pre-suspension notice period required under subsection (d) of this section, and only if the drivers license of the licensee is not subject to suspension or revocation under another provision of law, the Division shall cancel the unexpired term of the suspension and restore the suspended license.

Probation shall mean any written agreement between the suspended driver Page 4 House Bill 863-First Edition General Assembly Of North Carolina Session 2017 and a duly authorized representative of the Division and suchthe period of probation shall not exceed one year, and any violation of the probation agreement during the probation period shall Page 4 House Bill 863-Second Edition General Assembly Of North Carolina Session 2017 result in a suspension for the unexpired remainder of the suspension period.

(d1) The Division shall establish and conduct, or utilize a third-party vendor to establish and conduct, driver retraining courses for the benefit of persons who have had their licenseslicense suspended or been placed on probation, pursuant to subdivision (5), (9), (10), or (10a) of subsection (a) of this section.

Each driver attending a driver retraining course shall pay a fee in an amount set by the Division, not to exceed one hundred seventy-fivefifty dollars ($175.00)($150.00). of which twenty-five dollars ($25.00) shall be retained by the Division.

The driver retraining course shall be behavioral-based, interactive, and demonstrated scientifically toproven beeffective associatedat withchanging decreasesdriver inbehavior. traffic violations.

(2) Psychology-basedScientifically proven educational or psychological principles or methodologies, as they relate to behind-the-wheel driving behavior.

… (e1) Notwithstanding any other provision of this Chapter, if the Division suspends the license of an operator pursuant to subdivisions (a)(9), (a)(10), or (a)(10a) of this section, upon the first suspension only, a district court judge may allow the licensee a limited driving privilege or license for a period not to exceed 12 months, provided hehethe driver has not been convicted of any other motor vehicle moving violation within the previous 12 months.

The House Bill 863-First Edition Page 5 General Assembly Of North Carolina Session 2017 limited driving privilege shall be issued in the same manner and under the terms and conditions prescribed in G.S.

House Bill 863-Second Edition Page 5 General Assembly Of North Carolina Session 2017 …." SECTION 1.(b) G.S.

20-19 reads as rewritten:

"§ 20-19.

Period of suspension or revocation;

conditions of restoration.

(a) When a license is suspended under subdivision (8) or (9) of G.S.

20-16(a), the period of suspension shall be in the discretion of the Division and for such time as it deems best for public safety but shall not exceed six months.

(b) When a license is suspended under subdivision (10) of G.S.

20-16(a), the period of suspension shall be in the discretion of the Division and for such time as it deems best for public safety but shall not exceed a period of 12 months.

SectionBy 1October of1, this2017, actthe becomesDivision effectiveof JulyMotor 1,Vehicles 2018,shall andreport applies to licensesthe suspendedJoint Legislative Transportation Oversight Committee on orits afterprogress thatin date.establishing the driver retraining courses required under G.S.

20-16(d1), as enacted by Section 1 of this act.

If the Division utilizes a third-party vendor, the Division shall specifically state who the vendor is and provide any other details the Division deems relevant.

SECTION 3.

Section 1 of this act becomes effective December 1, 2017, and applies to licenses suspended on or after that date.

Page 6 House Bill 863-Second863-First Edition