House committee substitute makes the following changes to the 1st edition. Amends proposed GS 20-16.2(e2) to clarify that if a person’s license is revoked for any other reason than those specified in the statute, the limited driving privilege is invalid. Provides that a limited driving privilege issued under the subsection terminates upon final disposition of the underlying charge for which the defendant was requested to submit to a chemical analysis. Removes proposed GS 20-17.8A concerning exclusions from the ignition interlock requirements. Enacts new GS 20-17.8B to provide that any person who tampers with, circumvents, or attempts to circumvent an ignition interlock device is guilty of a Class 1 misdemeanor.
Enacts new GS 20-179.5 to provide that the costs incurred in order to comply with the ignition interlock requirements imposed by the court are paid by the person ordered to install the system. The person must also pay an administrative fee between $30 and $60, to be collected at the time of installation. Requires the vendor installing the ignition interlock system to remit the fees collected quarterly, and directs how such fees are used. Establishes the Ignition Interlock Device Fund (Fund) in the Department of Transportation. Provides details regarding purposes of the Fund. Effective December 1, 2012.
Unless otherwise indicated, effective December 1, 2012 (was, December 1, 2011), and applies to offenses committed on or after that date and to limited driving privileges issued and driver’s licenses restored on or after that date. Makes conforming changes to the bill title.
Bill Summaries: H591 (2011-2012 Session)
-
Bill H 591 (2011-2012)Summary date: Jun 2 2011 - View summary
-
Bill H 591 (2011-2012)Summary date: Apr 4 2011 - View summary
Enacts new subsection (e2) of GS 20-16.2 to provide a limited driving privilege for first offenders in certain instances. Specifies instances when a judge may grant a limited driving privilege to a person whose license was revoked for refusing to consent to a chemical analysis under the statute. Requires that the person have never been convicted of an offense involving impaired driving and that limited driving privilege include (1) a restriction that the applicant may only operate a designated motor vehicle; and (2) the designated vehicle must be equipped with a functioning ignition interlock system of a type approved by the Commissioner of Insurance, and set to prohibit driving with an alcohol concentration greater than 0.00. Provides that specified provisions of GS 20-179.3 (limited driving privilege), except as modified in this proposed subsection, apply to applications for limited driving privileges under this proposed subsection. Provides that if a person’s license is revoked for any other reason other than under this section and GS 20-17(a)(2) (specified impaired driving offenses), the limited driving privilege is invalid. Makes a conforming change to GS 20-16.2(e1).
Amends GS 20-179.3(b) to provide that a person who is 18, 19, or 20 years of age is eligible for a limited driving privilege under this statue unless the person has a prior conviction under GS 20-138.1 or is convicted of violating GS 20-138.1 (impaired driving) and GS 20-138.3 (driving by a person less than 21 years old after consuming alcohol or drugs) contemporaneously. Makes a conforming change.
Amends GS 20-179.3(e) to provide that a limited driving privilege issued under this statute authorizes a person to drive only if the person’s license is revoked solely under GS 20-17(a)(2) and GS 20-13.2(b), or as a result of a conviction in another jurisdiction substantially similar to impaired driving under GS 20-138.1 (was, license is revoked solely under GS 20-17(a)(2)).
Enacts new GS 20-17.8A to provide that a person who (1) would be subject to the provisions of GS 20-17.8, (2) does not operate a motor vehicle on any public vehicular area for a period of at least two years, and (3) has not applied for the restoration of any driving privileges under any provisions of GS Chapter 20 prior to the expiration of two years from the date of the conviction is eligible for a restoration of the person’s driver’s license without requiring that as a condition of restoration the use of an ignition interlock system.
Effective December 1, 2011, and applies to limited driving privileges and licenses restored on or after that date.