AN ACT TO modify statutory provisions affecting limited driving PRIVILEGES and to prohibit the impersonation of taxicab drivers.

The General Assembly of North Carolina enacts:

AMEND EFFECTIVE DATE FOR S.L. 2015‑186

SECTION 1.(a)  Section 7 of S.L. 2015‑186, as amended by Section 86 of S.L. 2015‑264, reads as rewritten:

SECTION 7.  This act becomes effective December 1, 2015, and applies to offenses committed on on, before, or after that date. Prosecutions for offenses committed before the effective date of this act are not abated or affected by this act, and the statutes that would be applicable but for this act remain applicable to those prosecutions.

SECTION 1.(b)  This section is effective when it becomes law.

PROHIBIT THE IMPERSONATION OF TAXICAB DRIVERS

SECTION 2.(a)  G.S. 14‑401.27 reads as rewritten:

§ 14‑401.27.  Impersonation of a transportation network company driver.driver or taxicab driver.

It shall be unlawful for any person to impersonate a transportation network company (TNC) driver, as defined in G.S. 20‑280.1, or a taxicab driver by a false statement, false display of distinctive signage or emblems known as a trade dress, trademark, branding, or logo of the TNC, TNC or a taxicab operator, or any other act which falsely represents that the person has a current connection with a transportation network company or taxicab operator or falsely represents that the person is responding to a passenger ride request for a transportation network company. company or taxicab operator. A violation of this section is a Class H felony if the person impersonates a TNC driver or taxicab driver during the commission of a separate felony offense. Any other violation of this section is a Class 2 misdemeanor.

SECTION 2.(b)  This section becomes effective December 1, 2023, and applies to offenses committed on or after that date.

EXTEND LIMITED DRIVING PRIVILEGE UNTIL REINSTATEMENT DETERMINATION

SECTION 3.(a)  G.S. 20‑20.1(j) reads as rewritten:

(j)       Term and Reinstatement. – The term of a limited driving privilege issued under this section is the shorter of one year or the length of time remaining in the revocation period imposed under G.S. 20‑28(a) or G.S. 20‑28.1. When the term of the limited driving privilege expires, the Division must reinstate the person's license if the person meets all of the conditions listed in this subsection. The term of the limited driving privilege may be extended until the date set by the Division to determine whether the person meets conditions for reinstatement. The Division may impose restrictions or conditions on the new license in accordance with G.S. 20‑7(e). The conditions are:

(1)        Payment of the restoration fee as required under G.S. 20‑7(i1).

(2)        Providing proof of financial responsibility as required under G.S. 20‑7(c1).

(3)        Providing the proof required for reinstatement of a license under G.S. 20‑28(c1).

SECTION 3.(b)  This section becomes effective December 1, 2023, and applies to limited driving privileges issued on or after that date.

REVISE REVOCATION FOR MOVING OFFENSE COMMITTED WHILE LICENSE SUSPENDED OR REVOKED

SECTION 4.(a)  G.S. 20‑28.1 reads as rewritten:

§ 20‑28.1.  Conviction of moving offense committed while driving during period of suspension or revocation of license.

(a)        Upon receipt of notice of conviction of any person of a motor vehicle moving offense, such offense having been committed while such person's driving privilege was in a state of suspension or revocation, the Division shall revoke such person's driving privilege for an additional period of time as set forth in subsection (b) hereof. subsection (b) of this section. For purposes of this section a violation of G.S. 20‑7(a), 20‑24.1, or 20‑28(a) or (a2) shall not be considered a motor vehicle moving offense unless the offense occurred in a commercial motor vehicle or the person held a commercial drivers license at the time of the offense. A violation of G.S. 20‑313 is considered a motor vehicle moving offense for the purposes of this section.

(b)        When a driving privilege is subject to revocation under this section, the additional period of revocation shall be as follows:

(1)        A first such revocation shall be for one year;For a first offense under this section, there is no additional period of revocation if (i) the offense which resulted in the underlying revocation has been resolved or (ii) the person is complying with a payment plan ordered by the court to satisfy any outstanding penalty, fine, or costs related to the offense which resulted in the underlying revocation.

(2)        A second such revocation shall be for two years; andFor a second offense under this section, the additional period of revocation is one year.

(3)        A third or subsequent such revocation shall be permanent.For a third and subsequent offense under this section, the additional period of revocation is two years, except that if the person committed the offense while the person's driving privilege was revoked or suspended for impaired driving, the revocation is permanent.

(c)        A person whose license has been revoked under this section for one year may apply for a license after 90 days. A person whose license has been revoked under this section for two years may apply for a license after 12 months. A person whose license has been revoked under this section permanently may apply for a license after three years. Upon the filing of an application, the Division may, with or without a hearing, issue a new license upon satisfactory proof that the former licensee has not been convicted of a moving violation under this Chapter or the laws of another state, or a violation of any provision of the alcoholic beverage laws of this State or another state, or a violation of any provision of the drug laws of this State or another state when any of these violations occurred during the revocation period. The Division may impose any restrictions or conditions on the new license that the Division considers appropriate for the balance of the revocation period. When the revocation period is permanent, the restrictions and conditions imposed by the Division may not exceed three years. A person that applies for a license under this subsection must furnish proof to the satisfaction of the Division that the person is maintaining financial responsibility as required by G.S. 20‑279.21. Any person whose drivers license was issued pursuant to this subsection who drives any motor vehicle on the highways of the State without maintaining financial responsibility in violation of G.S. 20‑313 is guilty of failure to maintain financial responsibility pursuant to G.S. 20‑313 and driving while license revoked pursuant to G.S. 20‑28(a4).

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SECTION 4.(b)  This section becomes effective December 1, 2023, and applies to convictions entered before, on, or after that date.

EFFECTIVE DATE

SECTION 5.  Except as otherwise provided, this act is effective when it becomes law.