Fifteen years ago, the General Assembly enacted S.L. 1997-16, implementing graduated driver’s licenses requirements for people under the age of 18, who are termed provisional licensees. Pursuant to G.S. 20-11, driving privileges are granted to minors on a limited basis and are expanded as a provisional licensee meets additional requirements. The process is designed to ensure that provisional licensees have both instruction and experience—elements the legislature deems essential for safe driving—before obtaining a driver’s license. Amendments to G.S. 20-11 in the years since adoption of graduated licensing have further restricted driving by provisional licensees by limiting the number of passengers under 21 who may be in the vehicle and by prohibiting mobile phone use by such drivers. Nevertheless, the issue of unsafe driving by teenagers continues to plague North Carolina and its legislature. S.L. 2011-385 enacts several provisions, effective October 1, 2011, designed to address this problem. First, the act amends G.S. 20-11 to require that applicants for limited and full provisional licenses submit to DMV driving logs signed by a supervising driver. To obtain a limited provisional license, the applicant’s driving log must list 60 hours of driving, at least 10 hours of which occurred at night. No more than 10 hours of driving per week may be counted. An applicant seeking a full provisional license must submit a log detailing 12 hours of driving, at least 6 hours of which occurred at night. If DMV has cause to believe that a driving log has been falsified, the applicant must [...]
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