Driver License Issuance (19A NCAC 03B Section .0200)
Explanation of/Reason for Emergency Rule
Per Session Law 2020-97, ratified by the General Assembly on Sept. 3, 2020 and signed by Gov. Roy Cooper on Sept. 4, 2020, the N.C. Division of Motor Vehicles has been authorized to extend emergency rule 19A NCAC 03B .0201, eliminating the need for a temporary rule.
19A NCAC 03B .0201(A) (4) ROAD TEST as currently written, requires the Driver License Examiner and the applicant to ride in the applicant’s vehicle together to perform the road test and rate the required maneuvers. Conducting a road test requires driver license examiners to be in close proximity with the driver in a confined vehicle cabin where social distancing is not possible, exposing the examiner to potentially health compromising or life-threatening positions.
To promote social distancing and hygiene during the COVID-19 pandemic and ensure driver license employees and customer safety, House Bill 158 was ratified on June 19, 2020, temporarily waiving the road test requirement for Level 2 limited provisional licenses for young drivers under the age of 18. The division consulted with the Department of Health and Human Services and determined that road tests should not be reinitiated until Governor Cooper institutes Phase III of his reopening plan.
The N.C. Division of Motor Vehicles is seeking to waive road tests for a select group of adult drivers where training and/or safe driving records have been established. These drivers are either new drivers who need a license for livelihood or household purposes and have some indicia of driving proficiency satisfactory to the DMV. Drivers will still be required to pass a knowledge test, sign test and visual examination.
Text of Emergency Rule
N.C. Register on the Office of Administrative Hearings Website
Section .0200, Driver License Issuance
Emergency Rule-Making Findings of Need
In an abundance of caution to address protective measures to help prevent the spread of COVID-19, the N.C. Division of Motor Vehicles is providing notice of a public hearing on the proposed temporary rule 19A NCAC 03B .0201. Instead of an in-person meeting, the public hearing was held through GoTo Meeting and teleconference.
A virtual public hearing was held Tuesday, Aug. 4, 2020. 10 a.m.
NCDMV received public comments from July 23, 2020, to Aug. 14, 2020.
Not applicable to the Emergency and Temporary Rule:
• Federal Certification
• Fiscal Note/Economic Analysis