SUBCHAPTER 3B - DRIVER LICENSE SECTION SECTION GENERAL INFORMATION

Transcription

1 SUBCHAPTER 3B - DRIVER LICENSE SECTION SECTION GENERAL INFORMATION 19A NCAC 03B.0101 PURPOSE 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. 20-1; 20-7(a) to (e); 20-9; 20-15; ; 20-24; 20-26; 20-27; 20-39; ; Amended Eff. June 5, A NCAC 03B.0102 DEFINITIONS History Note: Authority G.S ; 20-7(c); Amended Eff. June 5, 1981; Repealed Eff. July 1, A NCAC 03B.0103 FORMS 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. 20-7; 20-39; Amended Eff. November 1, 1991; June 5, A NCAC 03B A NCAC 03B A NCAC 03B A NCAC 03B A NCAC 03B A NCAC 03B A NCAC 03B A NCAC 03B A NCAC 03B A NCAC 03B A NCAC 03B A NCAC 03B A NCAC 03B A NCAC 03B A NCAC 03B.0118 RE-EXAMINATION FOR TRAFFIC VIOLATIONS RE-EXAMINATION MAY BE REQUIRED SPECIAL OPERATOR'S LICENSE TEMPORARY LEARNER'S PERMITS DESCRIPTION MINORS DUPLICATE LICENSE FEE EXEMPTIONS FROM LICENSE REQUIREMENTS AGE LIMITS PERSONS NOT TO BE LICENSED ADDRESS CHANGE PUBLIC PASSENGER DRIVER'S AGE LIMIT CANCELLATION FOR INCORRECT INFORMATION SPECIAL IDENTIFICATION CARD FORMS ON FILE History Note: Authority G.S. 20-1; 20-7; ; 20-7(f),(l),(n); 20-8(1) to (7); 20-9(a) to (f); 20-10; 20-11(a) to (c); 20-12; 20-15(a),(b); ; ; (a) to (h); Repealed Eff. June 30, A NCAC 03B.0119 FEE FOR DRIVER IMPROVEMENT CLINIC A twenty-five ($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.

2 History Note: Authority G.S. 20-1; 20-16(c); 20-16(e); 20-39; Eff. October 1, 1982; Amended Eff. November 1, SECTION DRIVER'S LICENSE ISSUANCE 19A NCAC 03B.0201 DRIVER'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. 20 to 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 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.

3 (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; 20-7(a),(c),(f); 20-39; S.L , s. 34.8(a),34.8(b); Amended Eff. May 4, 2015; May 1, 2014; December 1, 1993; July 1, 1982; June 5, A NCAC 03B A NCAC 03B.0203 MEDICAL CONDITION REFERRAL MEDICAL REVIEW BOARD History Note: Authority G.S. 20-1; 20-9(a) to (h); 20-9(1) to (4); 20-9(4)(a) to (h); 20-15; (a) to (f); ; Repealed Eff. June 30, SECTION MEDICAL EVALUATION 19A NCAC 03B.0301 ACUTE 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. 20-1; 20-9; ; Amended Eff. November 1, 1991; June 5, A NCAC 03B A NCAC 03B A NCAC 03B.0304 NEGLIGENT DRIVERS DRIVER IMPROVEMENT CLINIC MANDATORY SUSPENSION

4 19A NCAC 03B A NCAC 03B A NCAC 03B A NCAC 03B A NCAC 03B A NCAC 03B A NCAC 03B A NCAC 03B A NCAC 03B A NCAC 03B A NCAC 03B A NCAC 03B A NCAC 03B.0317 NONCOMPLIANCE CHEMICAL TEST REFUSAL REVOCATIONS DRIVING WHILE LICENSE REVOKED OR SUSPENDED PREARRANGED SPEED COMPETITION WILLFUL SPEED COMPETITION MOTOR VEHICLE CONVICTION IN ANOTHER STATE PRIVILEGE TO DRIVE LICENSE PICKED UP BY COURT APPEAL TO COURT RESTORATION FEE FORMS ON FILE HABITUAL OFFENDERS History Note: Authority G.S. 20-1; 20-4; ; 20-7; 20-7(i)(l); 20-9; 20-16(a)(2); 20-16(a)(4) to (10); 20-16(a)(7); 20-16(a)(10a); 20-16(a)(11); 20-16(c); 20-16(d); ; ; (a)(1 to 4); (b) to (h); ; ; 20-17(1) to (4),(6) to (8); 20-19(d) to (f); 20-23; ; ; 20-24; 20-25; 20-28; ; (a),(b),(e); S.L. 1977, c. 243; Repealed Eff. June 30, SECTION RECORDS 19A NCAC 03B A NCAC 03B.0402 CONVICTIONS REPORTED BY COURT OUT OF STATE VIOLATION History Note: Authority G.S. 20-1; 20-24(a) to (d); 20-26(a); Repealed Eff. June 30, A NCAC 03B.0403 DRIVING RECORDS North Carolina G.S (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 History Note: Authority G.S. 20-1; 20-26(b),(c); 20-39; Amended Eff. December 1, 1993; November 1, 1991; July 1, A NCAC 03B.0404 RECORDS AVAILABLE TO PUBLIC History Note: Authority G.S. 20-1; 20-27; Repealed Eff. June 30, SECTION FORMS 19A NCAC 03B A NCAC 03B.0502 FORMS: DRIVER SERVICES SECTION FORMS ON FILE History Note: Authority G.S. 20-1; 20-3;

5 Repealed Eff. June 30, SECTION CLASSIFIED DRIVERS' LICENSE 19A NCAC 03B.0601 GENERAL 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. 20-7; 20-39; S.L. 1979, c. 667, s. 40; Eff. June 5, 1981; Amended Eff. December 1, 1993; November 1, A NCAC 03B.0602 GROSS 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, A NCAC 03B.0603 COMPANY 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 full-time 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. Out-of-state 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.

6 (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. 20-7(c); 20-39; Eff. June 5, 1981; Amended Eff. December 1, 1993; July 1, A NCAC 03B.0604 DEFINITIONS 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) "Full-time 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 full-time basis. The number of hours required to complete such school shall be at least 163 hours. Students may attend school on a part-time 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 ; 20-7(c); ; 19A NCAC 03B A NCAC 03B A NCAC 03B.0607 REQUEST FOR PROGRAM APPROVAL COMPANY CERTIFICATION CRITERIA COMPANY CERTIFICATION History Note: Authority G.S. 20-7(c); Repealed Eff. December 1, A NCAC 03B.0608 COMPANY ROAD TEST CERTIFICATE The road test certificate must be on a form approved by the Division (Form CL-1). History Note: Authority G.S. 20-7(c); 20-39; 19A NCAC 03B.0609 COMPANY 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. 20-7(c); 20-39;

7 19A NCAC 03B A NCAC 03B.0611 REPORTS BY COMPANY OR ITS EMPLOYEES COMPANY EXAMINER REQUIREMENTS AND DUTIES History Note: Authority G.S. 20-7(c); Repealed Eff. December 1, A NCAC 03B.0612 ROAD 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 full-time or part-time) by the company; (4) be tested for either a Class "A" or "B" license. History Note: Authority G.S. 20-7; 20-39; S.L. 1979, Ch. 667, s. 40; 19A NCAC 03B.0613 REVOCATION 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. History Note: Authority G.S. 20-7(c); ; 19A NCAC 03B.0614 APPLICATION FOR COMMERCIAL SCHOOL OR COMMUNITY COLLEGE Commercial driver training schools or community colleges wishing to certify that their students are qualified to operate vehicles in either Class "A" or "B" category must be approved by the Division for that purpose. Certification may be requested by submitting forms numbered CL-2, CL-2A, and an Application for Commercial Driver Training School certification. If the school or community college is approved, it must designate a person responsible for the Classified Driver License Program. If the school or community college is notified that it has been disapproved, it may request an administrative hearing to review the decision. The request must be made in writing to the Driver License Section of the Division of Motor Vehicles in Raleigh within ten days of the notification. History Note: Authority G.S. 20-7; 20-39; ; S.L. 1979, Ch. 667, s. 40; Eff. July 1, A NCAC 03B.0615 CRITERIA: COMMERCIAL SCHOOL OR COMMUNITY COLLEGE APPROVAL

8 A commercial driver training school or community college which applies for the authority to administer road tests and certify that its students are qualified to drive the type vehicle in either Class "A" or "B" category must: (1) make application to the Division for a license; (2) have students who are applicants for either Class "A" or "B" license; (3) appoint a school safety officer and an examiner; (4) own, rent, or lease vehicles that require Class "A" or "B" license to be operated in North Carolina; (5) road test only students enrolled in the school on a full-time basis or enrolled in the full-time course on a part-time basis (This does not include correspondence courses.); (6) require all instructors to be licensed by the School Bus and Traffic Safety Section of the Division of Motor Vehicles before applying for a license as a school examiner; (7) have teaching facilities adequately designed to conduct classes as outlined in 19A NCAC 3I (Rules and Regulations Governing the Licensing of Commercial Driver Training Schools and Instruction). History Note: Authority G.S. 20-7; ; S.L. 1979, Ch. 667, s. 40; 19A NCAC 03B.0616 APPROVAL: COMMERCIAL SCHOOL: COMMUNITY COLLEGE INSTRUCTORS An instructor at a commercial driver training school must: (1) be a full-time employee; (2) have a valid driver's license of the class for which he wishes to conduct road tests; (3) have his application for a license endorsed by the school safety officer and approved by the Division. Form CL-3, Form 3A, and a Classified Driver License Commercial School Instructor Application must be completed; (4) sign a statement attesting to or demonstrate to a designated Division official his ability to operate a motor vehicle of the class for which he is conducting road tests; (5) sign a statement that specifies his responsibility as school examiner and adherence to the rules that govern the Classified Driver License Program. History Note: Authority G.S. 20-7; 20-39; ; ; S.L. 1979, Ch. 667, s. 40; 19A NCAC 03B.0617 COMMERCIAL SCHOOL: EMPLOYEE RECERTIFICATION REQUIREMENTS If an instructor at a commercial driver training school resigns, transfers, changes employment or is terminated, the school must notify the Division within 15 days. If a school instructor changes employment or has his license revoked or cancelled, he must apply for a new license. Certification of a safety officer or examiner cannot be transferred to another person. If a commercial school ceases operation, it must apply for a new license prior to resuming operation. History Note: Authority G.S. 20-7; ; S.L. 1979, Ch. 667, s. 40; 19A NCAC 03B.0618 ADVERTISING BY SCHOOLS A commercial driver training school may advertise by any method or medium except: (1) No advertisement shall show a telephone number for a school unless it also shows a valid address for the principal place of business of the school. (2) No advertisement shall indicate in any way that a school can or will issue or guarantee the issuance of a driver's license or imply that preferential or advantageous treatment from the Division can be obtained. (3) A school may state in an advertisement that it has been approved and licensed by the Division. History Note: Authority G.S through ; Eff. July 1, A NCAC 03B.0619 INSPECTION OF SCHOOLS

9 The Division shall make periodic inspections (at least annually) of schools and branches to determine compliance with laws and rules of the Driver License Program. The inspection shall be made during regular business hours by authorized representatives of the Division. Authorized representatives of the Division for this purpose are the classified driver license administrative officer, zone chiefs, district supervisors and assistant district supervisors. Inspections shall include examination of all school records including student files and contracts, classroom facilities, training devices, instructional materials, vehicles, and any other items required by law, or rule, or considered appropriate for inspection by the representative (Form TSE-604). Each owner, partner, associate, corporate officer, or employee of any commercial driver training school shall cooperate with the Division's representative and, upon demand, shall furnish all records, instructional aids and equipment, and any other items which are required for the inspection. Refusal to permit inspections may result in the revocation of the license. History Note: Authority G.S through ; 19A NCAC 03B.0620 GROUNDS FOR REVOCATION OR DENIAL/CERT. OF A CO./LICENSING OF A SCHOOL (a) A company certification may be suspended or denied for the following reasons: (1) Company has no employees (cannot certify yourself); (2) Company has no training program or no driver selection program; (3) Company refuses to maintain or fails to submit proper records required by the Division; (4) Company refuses to permit an authorized representative of the Division to conduct inspection of equipment or records; (5) Company allows unauthorized personnel to conduct road tests; (6) Company not engaged in a business in which the transportation of persons or property is an essential part of its operation; (7) Company does not own, lease or rent equipment, for its own use, that requires either a Class "A" or "B" license; (8) Company allows employee or school allows student to be certified knowing the driver is not qualified to operate vehicle requiring either Class "A" or "B" license; (9) Company allows driver not employed by the company to be certified; (10) Company fails to report termination or transfer of employee within the required 15 days. (b) A school license may be suspended or denied for the following reasons: (1) School refuses to maintain or fails to submit proper records required by the Division; (2) School refuses to permit an authorized representative of the Division to conduct inspection of equipment or records; (3) School allows unauthorized personnel to conduct road tests; (4) School does not own, lease or rent equipment, for its own use, that required either a Class "A" or "B" license; (5) School allows person not enrolled as student to be certified; (6) School fails to report termination or transfer of employee within the required 15 days. History Note: Authority G.S. 20-7; ; S.L. 1979, Ch. 667, s. 40; Amended Eff. January 1, A NCAC 03B.0621 DENIAL/REVOCATION: COMPANY EXAMINER: SCHOOL INSTRUCTOR A company examiner's certification or a school instructor's license may be revoked or denied if he: (1) is not properly licensed in North Carolina (he must have and maintain a valid North Carolina Class "A" or "B" license for the class vehicles for which he wishes to be certified to administer road tests); (2) holds more than one license issued by more than one state unless it has been approved by the Division; (3) has had cancellation, revocation, suspension or denial of a license in North Carolina or any other state in the past five years (this does not include voluntary surrender); (4) has more than three convictions of moving violations, bond forfeitures or PJC's (prayer for judgement continued) in the previous four years;

10 (5) has been convicted of driving under the influence of alcoholic beverages or drugs, driving with a blood alcohol content of 0.10 percent or more by weight, or reckless driving within the previous five years; (6) has a physical impairment that in the judgement of the Division would impair his ability to safely operate a motor vehicle of the class required to certify others; (7) is not a full-time employee; (8) has been convicted of authorizing, or knowingly permitting, a motor vehicle owned by him or under his control to be driven by any person who has no legal right to do so; (9) signs a road test certificate without observing the road test; (10) signs a road test certificate for anyone not employed by the company for which he has been certified to administer road tests or enrolled as a student in the school for which he has been certified to administer road tests; (11) has not been recommended by his company to serve as company examiner; (12) cannot sign an affidavit of driving experience or cannot pass road test; (13) falsifies an application and/or affidavit; or (14) for any reason the Division deems to be in the best interest of the State. History Note: Authority G.S. 20-7; ; S.L. 1979, Ch. 667, s. 40; Amended Eff. January 1, SECTION COMMERCIAL DRIVERS' LICENSE 19A NCAC 03B.0701 GENERAL INFORMATION (a) The purpose of the rules in this Section is to establish policies and procedures to permit persons other than employees of the North Carolina Division of Motor Vehicles to conduct the skills test required of commercial driver license applicants. (b) Authority to administer skills tests will be granted only to Third Party Testers under agreement with the North Carolina Division of Motor Vehicles and utilizing Third Party Examiners recognized and deemed qualified by the North Carolina Division of Motor Vehicles. Eff. September 1, 1990; 19A NCAC 03B.0702 DEFINITIONS The following words and terms, when used in these requirements, shall have the following meaning: (1) "Division" - The North Carolina Division of Motor Vehicles. (2) "Commissioner" - The North Carolina Commissioner of Motor Vehicles. (3) "CDL" - Commercial Drivers License. (4) "FHWA" - Federal Highway Administration. (5) "FMCSR" - The Federal Motor Carrier Safety Regulations promulgated by the U.S. Department of Transportation. (6) "Approved Testing Program" - The skills tests required by the Division which shall be administered by a Third Party Tester. (7) "Tester Certificate" - The document issued to a Third Party Tester authorizing them to administer the approved testing program on behalf of the Division. (8) "Third Party Tester" - A government entity, association, educational institution or business entity engaged in the use of commercial motor vehicles, licensed by the Division to administer the approved testing program for CDL applicants in accordance with these requirements. (9) "Third Party Examiner" - An individual who is a payroll employee of a Third Party Tester and who has been issued an examiner certificate to conduct the skills tests required for a CDL. 19A NCAC 03B.0703 REQUIREMENTS FOR THIRD PARTY TESTERS

11 (a) To be certified as a Third Party Tester a person must: (1) Make application to and enter into an agreement with the Division as provided in Rule.0706 of this Section. (2) Maintain a place of business with at least one permanent regularly occupied structure within the state of North Carolina. (3) Ensure its place of business meets all requirements of state law and local ordinances. (4) Have at least one qualified and approved Third Party Examiner in its employ. (5) Allow FHWA, its representative(s), and the Division to conduct random examinations, inspections and audits without prior notice. (6) Allow the Division to conduct periodic, but at least annual on-site inspections. (7) Maintain at each third party testing location, for a minimum of two years, a record of each driver for whom the Third Party Tester conducts a skills test, whether or not the driver passes or fails the test. Each such record shall include: (A) The complete name and address of the driver; (B) The driver's social security number, driver's license number and the name of the state or jurisdiction that issued the license held by the driver at the time of the test; (C) The date the driver took the skills test; (D) The test score sheet(s) showing the results of the test; (E) The name and identification number of the Third Party Examiner conducting the skills test; (F) The record of all receipts and disbursements; (G) The make, model and registration number of the commercial motor vehicle(s) used to conduct the testing; and (H) The written contract (copy), if applicable, with any person or group of persons being tested. (8) Maintain at each approved testing location, a record of each Third Party Examiner in the employ of the Third Party Tester at that location. Each record shall include: (A) A valid Examiner Certificate indicating the Examiner at that location; (B) A copy of the Third Party Examiner's current driving record, which must be updated annually; and (C) Evidence that the Third Party Examiner is a payroll employee of the Third Party Tester. (9) Retain all Third Party Examiner records for at least two years after the Third Party Examiner leaves the employ of the Third Party Tester. (10) Ensure that the skills tests are conducted in accordance with the requirements of this Section. (11) Provide documented proof (using a form provided by the Division) to each driver applicant who takes and passes the required skills tests. The driver applicant in turn will present the form to the Division as evidence that they successfully passed the driving tests administered by the Third Party. (12) To maintain certification the Third Party Tester must administer skills tests to a minimum of five different driver applicants annually in accordance with the requirements of this Section. (b) In addition to the requirements listed in Paragraph (a) of this Rule, all Third Party Testers who are not governmental entities or associations must: (1) Truck and Bus Companies: (A) Employ at least 25 North Carolina licensed drivers (full-time, part-time, or seasonal) of commercial motor vehicles. (B) Employ an individual who would be responsible for the organization's third party testing operation. (C) Have been in operation in North Carolina a minimum of six months. (If in operation less than six months under current company name, identify previous company name(s) to cover the six month period.) (2) Educational Institutions: (A) Have an established commercial motor vehicle training program. (B) Have been in operation in North Carolina a minimum of six months. History Note: Authority G.S ; ; Eff. September 1, 1990; Amended Eff. August 1, 1994; December 1, A NCAC 03B.0704 REQUIREMENTS FOR THIRD PARTY EXAMINERS

12 (a) Third Party Examiners may conduct skills tests on behalf of only one Third Party Tester at any given time. If a Third Party Examiner leaves the employ of a Third Party Tester he/she must reapply in order to conduct tests on behalf of a new Third Party Tester. (b) To qualify as a Third Party Examiner, an individual must: (1) Make application on a form provided by the Division; (2) Be a payroll employee of the Third Party Tester; (3) Possess a valid North Carolina Driver's License with classification and endorsements required for operation of the class and type of commercial motor vehicle used in the skills tests conducted by the Examiner; and (4) Have successfully completed the CDL Examiner Training Course conducted by the Division. Persons who were certified as Third Party Examiners prior to August 1, 1994 who did not successfully complete the CDL Examiner Training Course conducted by the Division must successfully complete that course prior to January 1, 1995 to maintain certification as Third Party Examiners. At a minimum upon completion of the training the Third Party Examiner shall have acquired and demonstrated the following knowledge and skills: (A) A comprehensive understanding of North Carolina G.S., Chapter 20 Article 2C and the rules adopted pursuant thereto; (B) A working knowledge of the CDL testing procedures and forms; (C) Ability to administer and score correctly each of the CDL skills test; and (D) Knowledge of testing site and route requirements. (5) Take part in all Division required advanced training courses, workshops and seminars; (6) Within ten years prior to application have had no convictions for Driving While Impaired (DWI); (7) Within five years prior to application have had no driver's license suspensions, revocations, cancellations or disqualifications; (8) Be at least 21 years of age; (9) Conduct skills tests on behalf of the Third Party Tester, in accordance with these Rules and in accordance with current instructions provided by the Division. History Note: Authority G.S ; ; Eff. September 1, 1990; Amended Eff. August 1, 1994; December 1, A NCAC 03B.0705 CERTIFICATES (a) A certificate will be issued allowing the Third Party Tester to operate an approved testing program to give skills tests to applicants for a CDL. (b) An examiner certificate will be issued to qualified employees of the Third Party Tester. (c) A copy of the Examiner's Certificate must be displayed in the office of the Third Party Tester. (d) The certificate issued by the Division to operate a Third Party Testing Program will be effective on the date of issuance and shall be prominently displayed in the place of business of the Third Party Tester until cancelled or revoked. (e) The Examiner's certificate will be effective on the date of issuance and remain in effect unless the Examiner must surrender the certificate to the Division when that Examiner becomes inactive or, until the certificate has been revoked or cancelled by the Division. (f) A certificate to operate a Third Party Testing program shall be non-transferable. 19A NCAC 03B.0706 APPLICATION FOR THIRD PARTY TESTER CERTIFICATION (a) Before any certificate is issued, an application shall be made in writing to the Division on a form prepared and furnished by the Division. The application shall include the following: (1) The official name, address, and telephone number of the principal office or headquarters. (2) Name, title, address and telephone number of the individual who has been designated the applicant's contact person. (3) Description of the type of organization that is applying (governmental entity, association, motor carrier, educational institution), as well as the length of time they have been in business in North Carolina, if applicable.

13 (4) A description of the vehicle fleet owned or leased by the applicant, including a complete equipment roster as listed for insurance purposes. (5) The class of testing for which the applicant is applying. (6) The total number of North Carolina licensed drivers employed to operate commercial motor vehicles, and the number of such drivers who are full-time, part-time, and seasonal. (7) Name, driver's license number, social security number and home address of those payroll employee(s) who wish to be approved as Third Party Examiners. (8) Proof the Third Party Tester meets the insurance requirements as stated in Rule.0714 (a) - (d). (9) The address of each North Carolina location where the applicant intends to conduct the skills tests as well as a description of the off-road facilities including a map, drawing or written description of the road test route that will be used for the on-road portion of the skills test. (b) Educational Institutions must submit with their application a description of their facilities, equipment and training curriculum. The number of applications for the previous year and the percent graduated must also be included. (c) An applicant for a certificate shall also execute an agreement form provided by the Division in which the applicant agrees, at a minimum, to comply with the requirements and instructions of the Division for Third Party Tester, including audit procedures, and agrees to hold the Division harmless from liability resulting from the Third Party Tester's administration of its CDL Skills Test Program. Eff. September 1, 1990; 19A NCAC 03B.0707 APPLICATION FOR THIRD PARTY EXAMINER CERTIFICATION Application for an Examiner Certificate shall be made on a form supplied by the Division. The form shall require at least the following information: (1) Full name, home and business addresses and telephone numbers; (2) Driving history, including class of current license and any endorsements, and restrictions; (3) Name, address and telephone number of the applicant's employer who has applied for or received a certificate as a Third Party Tester; and (4) Employer's recommendation of the applicant for and examiner certificate, as well as proof that the applicant is a payroll employee. 19A NCAC 03B.0708 ADVERTISING (a) No advertising shall indicate in any way that a program can issue or guarantee the issuance of a commercial driver's license, or imply that the program can in any way influence the Division in the issuance of a commercial driver's license or imply that preferential or advantageous treatment from the Division can be obtained. (b) No advertising shall show a telephone number unless it also shows a valid address for the principal place of business for the Third Party Tester. (c) Third Party Tester may state in advertising that it has been approved and certified by the Division. 19A NCAC 03B.0709 ON-SITE INSPECTIONS AND AUDITS (a) All applicants for a Third Party Tester Certificate shall permit the FHWA or the Division to inspect and audit its operations, facilities and records as they relate to its Third Party Testing program, for the purpose of determining whether the applicant is qualified to be certified. (b) Third Party Testers who have been certified shall permit the Division or FHWA to periodically inspect and audit its Third Party Testing program to determine whether it remains in compliance with the certification requirements. (c) The Division and FHWA will perform inspections and audits with or without prior notice to the Third Party Tester. (d) Inspections and audits will include, at a minimum, an examination of: (1) Records relating to Third Party Testing program;

14 (2) Evidence of compliance with the FMCSR's; (3) Skills testing procedures practices and operations; (4) Vehicles used for testing; (5) Qualifications of Third Party Examiners; (6) Effectiveness of the skills test program by either testing a sample of drivers who have been issued skills test certificates by the Third Party Tester or having Division employees take the skills tests from a Third Party Examiner; and (7) Any other aspect of the Third Party Tester's operation that the Division determines is necessary to verify that the Third Party Tester meets the requirements for the certification. (e) The Division will prepare a written report of each inspection and audit report of the results of each inspection and audit. A copy of the report will be provided to the Third Party Tester. Eff. September 1, 1990; 19A NCAC 03B.0710 NOTIFICATION REQUIREMENTS (a) Third Party Tester must: (1) Notify the Division in writing 30 days prior to any change in the Third Party Tester's name or address. (2) Notify the Division in writing within ten days of any change in: (A) The Third Party Examiners who are employed by the Third Party Tester; and (B) The driving status of any Third Party Examiner. (3) Notify the Division in writing within ten days of any of the following occurrences: (A) The Third Party Tester ceases business operations in North Carolina. (B) The Third Party Tester fails to comply with any of these Division requirements. (C) Any Third Party Examiner receives notice from the Division of their license suspension, revocation, disqualification, or cancellations or DWI conviction. (D) Any Third Party Examiner fails to comply with any of these Division requirements. (4) Be recertified if a Third Party Tester ceases operation and reopens for business. (5) Be reinspected prior to administering road tests if a Third Party Tester's business address changes. (6) Request and obtain approval from the Division of any proposed changes in the skills test route, test content, or examiner/administrative procedures. (b) Third Party Examiners shall notify the Division within ten days of leaving the employ of the Third Party Tester and must be recertified by the Division before testing elsewhere. 19A NCAC 03B.0711 EVALUATION OF APPLICANTS BY THE DIVISION (a) The Division will evaluate the materials submitted by the Third Party Tester applicant, and if the application materials are satisfactory, the Division may schedule an on-site inspection and audit of the applicant's Third Party Testing Program to complete the evaluation. (b) The Division will evaluate the materials submitted by the Third Party Examiner applicant including the applicant's driving record, qualification questionnaire, and certificate of training. 19A NCAC 03B.0712 CERTIFICATION BY THE DIVISION (a) Upon successful application and evaluation, a Third Party Tester will be issued a certificate which must be prominently displayed at the approved testing facility giving them the authority to administer a Third Party Testing program for the classes and types of vehicles listed. (b) Upon successful application, evaluation and training, a Third Party Examiner will be issued a certificate which must be prominently displayed at the approved testing facility giving him/her the authority to conduct skills tests for the classes and types of commercial motor vehicles listed.

15 (c) Certificates will remain valid until canceled by the Division or voluntarily relinquished by the Third Party Tester or Examiner. 19A NCAC 03B.0713 PROFESSIONAL CONDUCT (a) No examiner, employee, or agent of the Third Party Tester will be permitted to accompany any Commercial Driver License applicant into any examining office rented, leased, or owned by the Division for the purpose of taking a written or skills test driver examination given by the Division. (b) No examiner, employee, or agent of the Third Party Tester will be permitted to personally solicit any individual on the premises rented, leased, or owned by the Division for the purpose of enrolling that individual in any Third Party Testing program. 19A NCAC 03B.0714 INSURANCE REQUIREMENTS (a) All Third Party Testers shall maintain bodily injury and property damage liability insurance on motor vehicles used in driving tests, insuring the liability of the testing program, the Examiner and any person taking tests in the amount required by state law. (b) Evidence of such insurance coverage, in the form of a certificate from the insurance carrier, shall be filed by the Tester with the Division. The certificate shall stipulate that the insurance contract carried by the Tester provides for cancellation only upon 30 days prior written notice to the Division. The certificate shall include the make, model, year and motor or serial number of every vehicle covered by the policy. (c) When a vehicle is added to, exchanged or deleted from coverage under a fleet insurance plan, the Third Party Tester shall provide the Division a copy of a policy rider issued by the insurance carrier showing the addition or exchange, with complete descriptions of the vehicles involved. (d) If the Third Party Tester is self-insured, an appropriate certificate shall be filed with the Division. 19A NCAC 03B.0715 TEST ADMINISTRATION (a) Skills tests shall be conducted strictly in accordance with the provisions of these requirements and with current test instructions provided by the Division. Such instructions may include information on skills test content, route selection/revision, test forms, examiner procedures, and administrative procedures and/or changes. (b) Skills test shall be conducted: (1) On test routes approved by the Division. (2) In a vehicle that is representative of the class and type of vehicle for which the CDL applicant seeks to be licensed and for which the Third Party Examiner is qualified to test. (3) Using Division approved content, forms, and scoring procedures. 19A NCAC 03B.0716 DENIAL/TERMINATION OF THIRD PARTY TESTING PROGRAM/CERTIFICATION (a) The Division may deny any application for a Third Party Tester or Examiner's Certificate, if the applicant does not qualify for the certificate under provisions of these Rules. Misstatements or misrepresentation may be grounds for denying a certificate. (b) Any Third Party Tester or Examiner may relinquish certification upon 30 days notice to the Division. (c) The Division may revoke the certificate of a Third Party Tester or Examiner upon the following grounds: (1) Failure to comply with or satisfy any of the provisions of these Rules, the Division instructions or the Third Party Tester Agreement; (2) Falsification of any record or information relating to the Third Party Testing program;