Update on New G.S. 20-13.3: Civil License Revocations for Provisional Licensees

Want to frighten your 16 or 17-year-old this Halloween?  Tell her that if she is charged with speeding more than 15 mph over the speed limit, she’ll be arrested and she’ll lose her license.  It may sound scary, but, after January 1, 2012, it is true.  I’ve written before about the new civil license revocation for provisional licensees.  Since the effective date for new G.S. 20-13.3 recently was amended and folks have raised numerous questions about the new law, I thought I’d follow up with a post addressing how and when the new civil license revocation applies. If you have questions that aren’t addressed here, ask away. Many thanks to Matt Osborne, Associate Legal Counsel for the Administrative Office of the Courts, who prepared the list of covered offenses and whose insights as to other aspects of the law informed this post. Which drivers may be subjected to the new civil license revocation? Drivers who are 16 or 17 years old who have a limited learner’s permit or a provisional license issued by NC DMV pursuant to G.S. 20-11. These drivers are defined as “provisional licensee[s].” G.S. 20-13.3(a)(4). Persons who are 15 years old who have a limited learner’s permit issued by NC DMV also are considered provisional licensees. Such persons are not, however, subject to civil license revocation under G.S. 20-13.3 because, pursuant to the Juvenile Code, Chapter 7B of the North Carolina General Statutes, persons under 16 may not be arrested.  Furthermore, there is no initial appearance for a [...]