20-13.2. Grounds for revoking provisional license.
(a) The Division must revoke the license of a person convicted of violating the provisions of G.S. 20-138.3 upon receipt of a record of the licensee's conviction.
(b) If a person is convicted of an offense involving impaired driving and the offense occurs while he is less than 21 years old, his license must be revoked under this section in addition to any other revocation required or authorized by law.
(c) If a person willfully refuses to submit to a chemical analysis pursuant to G.S. 20-16.2 while he is less than 21 years old, his license must be revoked under this section, in addition to any other revocation required or authorized by law. A revocation order entered under authority of this subsection becomes effective at the same time as a revocation order issued under G.S. 20-16.2 for the same willful refusal.
(c1) Upon receipt of notification from the proper school authority that a person no longer meets the requirements for a driving eligibility certificate under G.S. 20-11(n), the Division must expeditiously notify the person that his or her permit or license is revoked effective on the tenth calendar day after the mailing of the revocation notice. The Division must revoke the permit or license of that person on the tenth calendar day after the mailing of the revocation notice. Notwithstanding subsection (d) of this section, the length of revocation must last for the following periods:
(1) If the revocation is because of ineligibility for a driving eligibility certificate under G.S. 20-11(n)(1), then the revocation shall last until the person's eighteenth birthday.
(2) If the revocation is because of ineligibility for a driving eligibility certificate under G.S. 20-11(n1), then the revocation shall be for a period of one year.
For a person whose permit or license was revoked due to ineligibility for a driving eligibility certificate under G.S. 20-11(n)(1), the Division must restore a person's permit or license before the person's eighteenth birthday, if the person submits to the Division one of the following:
(1) A high school diploma or its equivalent.
(2) A driving eligibility certificate as required under G.S. 20-11(n).
For a person whose permit or license was revoked due to ineligibility for a driving eligibility certificate under G.S. 20-11(n1), the Division shall restore a person's permit or license before the end of the revocation period, if the person submits to the Division a driving eligibility certificate as required under G.S. 20-11(n).
Notwithstanding any other law, the decision concerning whether a driving eligibility certificate was properly issued or improperly denied shall be appealed only as provided under the rules adopted 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.
(c2) The Division must revoke the permit or license of a person under the age of 18 upon receiving a record of the person's conviction for malicious use of an explosive or incendiary device to damage property (G.S. 14-49(b) and (b1)); conspiracy to injure or damage by use of an explosive or incendiary device (G.S. 14-50); making a false report concerning a destructive device in a public building (G.S. 14-69.1(c)); perpetrating a hoax concerning a destructive device in a public building (G.S. 14-69.2(c)); possessing or carrying a dynamite cartridge, bomb, grenade, mine, or powerful explosive on educational property (G.S. 14-269.2(b1)); or causing, encouraging, or aiding a minor to possess or carry a dynamite cartridge, bomb, grenade, mine, or powerful explosive on educational property (G.S. 14-269.2(c1)).
(d) The length of revocation under this section shall be one year. Revocations under this section run concurrently with any other revocations.
(e) Before the Division restores a driver's license that has been suspended or revoked under any provision of this Article, other than G.S. 20-24.1, the person seeking to have his driver's license restored shall submit to the Division proof that he has notified his insurance agent or company of his seeking the restoration and that he is financially responsible. Proof of financial responsibility shall be in one of the following forms:
(1) A written certificate or electronically-transmitted facsimile thereof from any insurance carrier duly authorized to do business in this State certifying that there is in effect a nonfleet private passenger motor vehicle liability policy for the benefit of the person required to furnish proof of financial responsibility. The certificate or facsimile shall state the effective date and expiration date of the nonfleet private passenger motor vehicle liability policy and shall state the date that the certificate or facsimile is issued. The certificate or facsimile shall remain effective proof of financial responsibility for a period of 30 consecutive days following the date the certificate or facsimile is issued but shall not in and of itself constitute a binder or policy of insurance or
(2) A binder for or policy of nonfleet private passenger motor vehicle liability insurance under which the applicant is insured, provided that the binder or policy states the effective date and expiration date of the nonfleet private passenger motor vehicle liability policy.
The preceding provisions of this subsection do not apply to applicants who do not own currently registered motor vehicles and who do not operate nonfleet private passenger motor vehicles that are owned by other persons and that are not insured under commercial motor vehicle liability insurance policies. In such cases, the applicant shall sign a written certificate to that effect. Such certificate shall be furnished by the Division and may be incorporated into the restoration application form. Any material misrepresentation made by such person on such certificate shall be grounds for suspension of that person's license for a period of 90 days.
For the purposes of this subsection, the term "nonfleet private passenger motor vehicle" has the definition ascribed to it in Article 40 of General Statute Chapter 58.
The Commissioner may require that certificates required by this subsection be on a form approved by the Commissioner. The financial responsibility required by this subsection shall be kept in effect for not less than three years after the date that the license is restored. Failure to maintain financial responsibility as required by this subsection shall be grounds for suspending the restored driver's license for a period of thirty (30) days. Nothing in this subsection precludes any person from showing proof of financial responsibility in any other manner authorized by Articles 9A and 13 of this Chapter. (1983, c. 435, s. 33; 1987, c. 869, s. 12; 1989, c. 436, s. 3; 1993, c. 285, s. 8; 1995, c. 506, ss. 3, 4, 5; 1997-507, s. 2; 1999-243, s. 3; 1999-257, s. 4; 2013-133, s. 1.)
Structure North Carolina General Statutes
North Carolina General Statutes
Article 2 - Uniform Driver's License Act.
§ 20-7 - Issuance and renewal of drivers licenses.
§ 20-7.1 - Notice of change of address or name.
§ 20-7.3 - Availability of organ, eye, and tissue donor cards at motor vehicle offices.
§ 20-7.4 - License to Give Trust Fund established.
§ 20-7.5 - License to Give Trust Fund Commission established.
§ 20-7.6 - Powers and duties of the License to Give Trust Fund Commission.
§ 20-8 - Persons exempt from license.
§ 20-9 - What persons shall not be licensed.
§ 20-9.2 - Selective service system registration requirements.
§ 20-9.3 - Notification of requirements for sex offender registration.
§ 20-10 - Age limits for drivers of public passenger-carrying vehicles.
§ 20-12.1 - Impaired supervision or instruction.
§ 20-13 - Suspension of license of provisional licensee.
§ 20-13.2 - Grounds for revoking provisional license.
§ 20-15 - Authority of Division to cancel license or endorsement.
§ 20-15.1 - Revocations when licensing privileges forfeited.
§ 20-16 - Authority of Division to suspend license.
§ 20-16.01 - Double penalties for offenses committed while operating a commercial motor vehicle.
§ 20-16.3A - Checking stations and roadblocks.
§ 20-17 - Mandatory revocation of license by Division.
§ 20-17.1A - Restoration of license for person adjudicated to be restored to competency.
§ 20-17.3 - Revocation for underage purchasers of alcohol.
§ 20-17.4 - Disqualification to drive a commercial motor vehicle.
§ 20-17.5 - Effect of disqualification.
§ 20-17.7 - Commercial motor vehicle out-of-service fines authorized.
§ 20-17.8A - Tampering with ignition interlock systems.
§ 20-18 - Conviction of offenses described in § 1 not ground for suspension or revocation.
§ 20-20.1 - Limited driving privilege for certain revocations.
§ 20-20.2 - Processing fee for limited driving privilege.
§ 20-21 - No operation under foreign license during suspension or revocation in this State.
§ 20-22 - Suspending privileges of nonresidents and reporting convictions.
§ 20-23 - Revoking resident's license upon conviction in another state.
§ 20-23.1 - Suspending or revoking operating privilege of person not holding license.
§ 20-24.2 - Court to report failure to appear or pay fine, penalty or costs.
§ 20-25 - Right of appeal to court.
§ 20-26 - Records; copies furnished; charge.
§ 20-27 - Availability of records.
§ 20-28.4 - Release of impounded motor vehicles by judge.
§ 20-28.5 - Forfeiture of impounded motor vehicle or funds.
§ 20-28.7 - Responsibility of Division of Motor Vehicles.
§ 20-28.8 - Reports to the Division.
§ 20-29 - Surrender of license.
§ 20-29.1 - Commissioner may require reexamination; issuance of limited or restricted licenses.
§ 20-31 - Making false affidavits perjury.
§ 20-32 - Unlawful to permit unlicensed minor to drive motor vehicle.
§ 20-34 - Unlawful to permit violations of this Article.
§ 20-34.1 - Violations for wrongful issuance of a drivers license or a special identification card.
§ 20-35 - Penalties for violating Article; defense to driving without a license.
§ 20-36 - Ten-year-old convictions not considered.
§ 20-37 - Limitations on issuance of licenses.