H297: DMV Active Duty Military Exemptions. Latest Version



AN ACT providing an additional defense to driving with an expired license and waIving the late fee for renewing an expired license for persons DEPLOYED on active military duty.

The General Assembly of North Carolina enacts:

SECTION 1.(a)  G.S. 20‑35 is amended by adding a new subsection to read:

(d)      Defense for Active Duty Military. – A person may not be found responsible for driving a motor vehicle with an expired drivers license if, when tried for that offense, the person establishes the following:

(1)        The person was deployed on active military duty when the drivers license expired.

(2)        The person obtained a renewed drivers license within 30 days after returning from deployment.

SECTION 1.(b)  This section becomes effective December 1, 2021, and applies to offenses committed on or after that date.

SECTION 2.  G.S. 20‑88.03 reads as rewritten:

§ 20‑88.03.  Late fee; motor vehicle registration.

(a)        Late Fee. – In addition to the applicable fees required under this Article for the registration of a motor vehicle and any interest assessed under G.S. 105‑330.4, the Division shall charge a late fee according to the following schedule to a person who pays the applicable registration fee required under this Article after the registration expires:

(1)        If the registration has been expired for less than one month, a late fee of fifteen dollars ($15.00).

(2)        If the registration has been expired for one month or greater, but less than two months, a late fee of twenty dollars ($20.00).

(3)        If the registration has been expired for two months or greater, a late fee of twenty‑five dollars ($25.00).

(a1)      Waiver. – The Division shall waive the late fee assessed under subsection (a) of this section against a person who establishes the following:

(1)        The person was deployed as a member of the Armed Forces of the United States when the registration expired.

(2)        The person obtained a renewed registration within 30 days after the deployment ended.

….

SECTION 3.  Except as otherwise provided, this act becomes effective October 1, 2021.