AN ACT eliminating DRIVING ELIGIBILITY CERTIFICATE AND driving log REQUIREMENTS FOR THE ISSUANCE OF LIMITED LEARNER'S PERMITS AND PROVISIONAL DRIVERS LICENSES, AUTHORIZING ONLINE APPLICATION FOR FULL PROVISIONAL DRIVERS LICENSES, temporarily reducing the minimum time period required for holding a limited learner's permit, EXTENDING THE AMOUNT OF TIME A NEW RESIDENT HAS TO OBTAIN A LICENSE IN THIS STATE, AND REQUIRING THE DIVISION OF MOTOR VEHICLES TO TAKE CERTAIN ACTIONS.

The General Assembly of North Carolina enacts:

PART I. eliminate driving ELIGIBILITY certificate and driving log requirements for the issuance of learner's permits and provisional drivers licenses

SECTION 1.  G.S. 20‑11 reads as rewritten:

§ 20‑11.  Issuance of limited learner's permit and provisional drivers license to person who is less than 18 years old.

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(b)        Level 1. – A person who is at least 15 years old but less than 18 years old may obtain a limited learner's permit if the person meets all of the following requirements:

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(3)        Has a driving eligibility certificate or a high school diploma or its equivalent.

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(d)       Level 2. – A person who is at least 16 years old but less than 18 years old may obtain a limited provisional license if the person meets all of the following requirements:

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(4)        Has a driving eligibility certificate or a high school diploma or its equivalent.

(5)        Has completed a driving log, on a form approved by the Division, detailing a minimum of 60 hours as the operator of a motor vehicle of a class for which the driver has been issued a limited learner's permit. The log must show at least 10 hours of the required driving occurred during nighttime hours. No more than 10 hours of driving per week may be counted toward the 60‑hour requirement. The driving log must be signed by the supervising driver and submitted to the Division at the time the applicant seeks to obtain a limited provisional license. If the Division has cause to believe that a driving log has been falsified, the limited learner's permit holder shall be required to complete a new driving log with the same requirements and shall not be eligible to obtain a limited provisional license for six months.

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(f)        Level 3. – A person who is at least 16 years old but less than 18 years old may obtain a full provisional license if the person meets all of the following requirements:

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(3)        Has a driving eligibility certificate or a high school diploma or its equivalent.

(4)        Has completed a driving log, on a form approved by the Division, detailing a minimum of 12 hours as the operator of a motor vehicle of a class for which the driver is licensed. The log must show at least six hours of the required driving occurred during nighttime hours. The driving log must be signed by the supervising driver for any hours driven outside the provisions of subdivision (e)(2) of this section and submitted to the Division at the time the applicant seeks to obtain a full provisional license. If the Division has cause to believe that a driving log has been falsified, the limited provisional licensee shall be required to complete a new driving log with the same requirements and shall not be eligible to obtain a full provisional license for six months.

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(h)        Exception for Persons 16 to 18 Who Have an Unrestricted Out‑of‑State License. – A person who is at least 16 years old but less than 18 years old, who was a resident of another state and has an unrestricted drivers license issued by that state, and who becomes a resident of this State may obtain one of the following upon the submission of a driving eligibility certificate or a high school diploma or its equivalent:following:

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(n)        Driving Eligibility Certificate. – A person who desires to obtain a permit or license issued under this section must have a high school diploma or its equivalent or must have a driving eligibility certificate. A driving eligibility certificate must meet the following conditions:

(1)        The person who is required to sign the certificate under subdivision (4) of this subsection must show that he or she has determined that one of the following requirements is met:

a.         The person is currently enrolled in school and is making progress toward obtaining a high school diploma or its equivalent.

b.         A substantial hardship would be placed on the person or the person's family if the person does not receive a certificate.

c.         The person cannot make progress toward obtaining a high school diploma or its equivalent.

(1a)      The person who is required to sign the certificate under subdivision (4) of this subsection also must show that one of the following requirements is met:

a.         The person who seeks a permit or license issued under this section is not subject to subsection (n1) of this section.

b.         The person who seeks a permit or license issued under this section is subject to subsection (n1) of this section and is eligible for the certificate under that subsection.

(2)        It must be on a form approved by the Division.

(3)        It must be dated within 30 days of the date the person applies for a permit or license issuable under this section.

(4)        It must be signed by the applicable person named below:

a.         The principal, or the 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 is enrolled.

c.         The person who provides the academic instruction in the home school in which the person is enrolled.

c1.       The person who provides the academic instruction in the home in accordance with an educational program found by a court, prior to July 1, 1998, to comply with the compulsory attendance law.

d.         The designee of the board of directors of the charter school in which the person is enrolled.

e.         The president, or the president's designee, of the community college in which the person is enrolled.

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.

(n1)      Lose Control; Lose License.

(1)        The following definitions apply in this subsection:

a.         Applicable State entity. – The State Board of Education for public schools and charter schools, the State Board of Community Colleges for community colleges, or the Secretary of Administration for nonpublic schools and home schools.

b.         Certificate. – A driving eligibility certificate that meets the conditions of subsection (n) of this section.

c.         Disciplinary action. – An expulsion, a suspension for more than 10 consecutive days, or an assignment to an alternative educational setting for more than 10 consecutive days.

d.         Enumerated student conduct. – One of the following behaviors that results in disciplinary action:

1.         The possession or sale of an alcoholic beverage or an illegal controlled substance on school property.

2.         The bringing, possession, or use on school property of a weapon or firearm that resulted in disciplinary action under G.S. 115C‑390.10 or that could have resulted in that disciplinary action if the conduct had occurred in a public school.

3.         The physical assault on a teacher or other school personnel on school property.

e.         School. – A public school, charter school, community college, nonpublic school, or home school.

f.          School administrator. – The person who is required to sign certificates under subdivision (4) of subsection (n) of this section.

g.         School property. – The physical premises of the school, school buses or other vehicles under the school's control or contract and that are used to transport students, and school‑sponsored curricular or extracurricular activities that occur on or off the physical premises of the school.

h.         Student. – A person who desires to obtain a permit or license issued under this section.

(2)        Any student who was subject to disciplinary action for enumerated student conduct that occurred either after the first day of July before the school year in which the student enrolled in the eighth grade or after the student's fourteenth birthday, whichever event occurred first, is subject to this subsection.

(3)        A student who is subject to this subsection is eligible for a certificate when the school administrator determines that the student has exhausted all administrative appeals connected to the disciplinary action and that one of the following conditions is met:

a.         The enumerated student conduct occurred before the student reached the age of 15, and the student is now at least 16 years old.

b.         The enumerated student conduct occurred after the student reached the age of 15, and it is at least one year after the date the student exhausted all administrative appeals connected to the disciplinary action.

c.         The student needs the certificate in order to drive to and from school, a drug or alcohol treatment counseling program, as appropriate, or a mental health treatment program, and no other transportation is available.

(4)        A student whose permit or license is denied or revoked due to ineligibility for a certificate under this subsection may otherwise be eligible for a certificate if, after six months from the date of the ineligibility, the school administrator determines that one of the following conditions is met:

a.         The student has returned to school or has been placed in an alternative educational setting, and has displayed exemplary student behavior, as defined by the applicable State entity.

b.         The disciplinary action was for the possession or sale of an alcoholic beverage or an illegal controlled substance on school property, and the student subsequently attended and successfully completed, as defined by the applicable State entity, a drug or alcohol treatment counseling program, as appropriate.

PART II. AUTHORIZE ONLINE APPLICATION TO OBTAIN A FULL PROVISIONAL DRIVERS LICENSE

SECTION 2.(a)  G.S. 20‑11(f) reads as rewritten:

(f)       Level 3. – A person who is at least 16 years old but less than 18 years old may obtain a full provisional license if the person meets all of the following requirements:

(1)        Has held a limited provisional license issued by the Division for at least six months.

(2)        Has not been convicted of a motor vehicle moving violation or seat belt infraction or a violation of G.S. 20‑137.3 during the preceding six months.

(3)        Has a driving eligibility certificate or a high school diploma or its equivalent.

(4)        Has completed a driving log, on a form approved by the Division, detailing a minimum of 12 hours as the operator of a motor vehicle of a class for which the driver is licensed. The log must show at least six hours of the required driving occurred during nighttime hours. The driving log must be signed by the supervising driver for any hours driven outside the provisions of subdivision (e)(2) of this section and submitted to the Division at the time the applicant seeks to obtain a full provisional license. If the Division has cause to believe that a driving log has been falsified, the limited provisional licensee shall be required to complete a new driving log with the same requirements and shall not be eligible to obtain a full provisional license for six months.

A person who meets these requirements may obtain a full provisional license by applying online or by mail.

SECTION 2.(b)  The Division of Motor Vehicles shall develop a process by which an applicant for a Level 3 full provisional license may submit any documentation required to establish eligibility to obtain the license, electronically or by mail, without having to appear in person at a drivers license office. The Division shall issue a Level 3 full provisional license to an applicant who meets the statutory requirements and provides required documentation electronically or by mail.

PART III. Conforming changes

SECTION 3.(a)  The following statutes are repealed:

(1)        G.S. 20‑9(b1).

(2)        G.S. 20‑13.2(c1).

(3)        G.S. 115C‑12(28).

(4)        G.S. 115C‑218.70.

(5)        G.S. 115C‑238.66(8).

(6)        G.S. 115C‑288(k).

(7)        G.S. 115C‑566.

(8)        G.S. 115D‑5(a3).

SECTION 3.(b)  G.S. 115C‑150.12C reads as rewritten:

§ 115C‑150.12C.  Powers and duties.

A board of trustees shall adopt rules necessary for the administration of the school to implement the requirements of this Article. Each board of trustees shall have the following powers and duties:

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(19)      Driving eligibility certificates and drivers Drivers education. – The board of trustees shall apply the rules and policies established by the State Board of Education for issuance of driving eligibility certificates. The board of trustees shall provide drivers education in accordance with Article 14 of this Chapter.

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PART IV. TEMPORARILY REDUCE THE MINIMUM TIME PERIOD REQUIRED FOR HOLDING A LIMITED LEARNER'S PERMIT

SECTION 4.  G.S. 20‑11(d) reads as rewritten:

(d)      Level 2. – A person who is at least 16 years old but less than 18 years old may obtain a limited provisional license if the person meets all of the following requirements:

(1)        Has held a limited learner's permit issued by the Division for at least nine six months.

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PART V. EXTEND THE AMOUNT OF TIME A NEW RESIDENT HAS TO OBTAIN A LICENSE IN NORTH CAROLINA

SECTION 5.  G.S. 20‑7(a) reads as rewritten:

(a)      License Required. – To drive a motor vehicle on a highway, a person must be licensed by the Division under this Article or Article 2C of this Chapter to drive the vehicle and must carry the license while driving the vehicle. The Division issues regular drivers licenses under this Article and issues commercial drivers licenses under Article 2C.

A license authorizes the holder of the license to drive any vehicle included in the class of the license and any vehicle included in a lesser class of license, except a vehicle for which an endorsement is required. To drive a vehicle for which an endorsement is required, a person must obtain both a license and an endorsement for the vehicle. A regular drivers license is considered a lesser class of license than its commercial counterpart.

The classes of regular drivers licenses and the motor vehicles that can be driven with each class of license are:

(1)        Class A. – A Class A license authorizes the holder to drive any of the following:

a.         A Class A motor vehicle that is exempt under G.S. 20‑37.16 from the commercial drivers license requirements.

b.         A Class A motor vehicle that has a combined GVWR of less than 26,001 pounds and includes as part of the combination a towed unit that has a GVWR of at least 10,001 pounds.

(2)        Class B. – A Class B license authorizes the holder to drive any Class B motor vehicle that is exempt under G.S. 20‑37.16 from the commercial drivers license requirements.

(3)        Class C. – A Class C license authorizes the holder to drive any of the following:

a.         A Class C motor vehicle that is not a commercial motor vehicle.

b.         When operated by a volunteer member of a fire department, a rescue squad, or an emergency medical service (EMS) in the performance of duty, a Class A or Class B fire‑fighting, rescue, or EMS motor vehicle or a combination of these vehicles.

c.         A combination of noncommercial motor vehicles that have a GVWR of more than 10,000 pounds but less than 26,001 pounds. This sub‑subdivision does not apply to a Class C license holder less than 18 years of age.

The Commissioner may assign a unique motor vehicle to a class that is different from the class in which it would otherwise belong.

A person holding a commercial drivers license issued by another jurisdiction must apply for a transfer and obtain a North Carolina issued commercial drivers license within 30 days of becoming a resident. Any other new resident of North Carolina who has a drivers license issued by another jurisdiction must obtain a license from the Division within 60 days six months after becoming a resident. The Division shall waive the vision exam for a drivers license applicant with a license issued by another jurisdiction if the license was issued within 12 months of the application date. The Division shall allow the applicant to submit any documentation required by the Division electronically, by mail, or in person.

PART VI. DIVISION OF MOTOR VEHICLES TO MAKE EFFORTS TO IMPROVE EFFICIENCY FOR DRIVERS LICENSE APPLICANTS

SECTION 6.  The Division of Motor Vehicles shall make a good‑faith effort to prioritize new resident drivers license applicants, commercial drivers license applicants, and first‑time drivers license applicants in providing appointment availability. The Division shall also clearly outline on the Division's website the services that are available to customers online or by other means that do not require an in‑person office visit.

PART VII. EFFECTIVE DATE

SECTION 7.  Parts I through III of this act become effective October 1, 2025, and apply to limited learner's permit or provisional license applications submitted on or after that date. Part IV of this act is effective when it becomes law and applies to limited provisional license applications submitted on or after that date. Part IV of this act expires on December 31, 2025. Part V of this act becomes effective October 1, 2025. The remainder of this act is effective when it becomes law.