North Carolina Administrative Code

19A NCAC 02E .1006 APPLICATION FOR DESIGNATION (a) The following items shall be included for a Scenic Byway application: (1) the proponent's name, address, telephone number, and email address, and the name, address, email address, and telephone number of the organization, if appl…

19A NCAC 02E .1007 REMOVAL PROCESS (a) A route or section of a route may be removed if its character has changed such that it meets the criteria for removal as specified in G.S. 136-18(31) and taking into consideration that it no longer meets the criteria as set out in 19A NCAC 0…

19A NCAC 02E .1008 REMOVAL APPLICATION (a) The following shall be included in a Scenic Byway removal application, but is not limited to such items, to be considered. (1) Characteristic which has changed such that it no longer meets criteria for designation; (2) Documentation of c…

19A NCAC 02E .1009 BOARD OF TRANSPORTATION EVALUATION (a) The Board of Transportation shall annually evaluate the Scenic Byway/Highway Program at its March meeting. (b) The review and evaluation shall include, but not be limited to, the following: (1) An examination of funding fo…

SECTION .1100 – TOURIST-ORIENTED DIECTIONAL SIGN PROGRAM 19A NCAC 02E .1101 TOURIST-ORIENTED DIRECTIONAL SIGN (TODS) PROGRAM (a) The Tourist-Oriented Directional Sign Program, hereinafter "Program," offered by the North Carolina Department of Transportation, hereinafter "Departme…

19A NCAC 02E .1102 DEFINITIONS History Note: Authority G.S. 136-89.56; 136-130; 136-140.15; 136-140.16; 136-140.17; 136-140.18; 136-140.19; 143B-346; 143B-348; 143B-350(f); Temporary Adoption Eff. January 1, 2003; Eff. August 1, 2004; Expired Eff. October 1, 2016 pursuant to G.S.…

19A NCAC 02E .1103 LOCATION OF TODS The Department shall administer the erection and maintenance of official signs giving specific information of interest to the traveling public in accordance with this Rule. (1) The Department shall only erect panels at at-grade intersections. A…

19A NCAC 02E .1104 ELIGIBILITY FOR PROGRAM History Note: Authority G.S. 136-89.56; 136-130; 136-140.15; 136-140.16; 136-140.17; 136-140.18; 136-140.19; 143B-346; 143B-348; 143B-350(f); Temporary Adoption Eff. January 1, 2003; Eff. August 1, 2004; Expired Eff. October 1, 2016 purs…

19A NCAC 02E .1105 COMPOSITION OF SIGNS (a) No TODS panel shall be displayed in a manner that would mislead or misinform the traveling public. (b) No message shall interfere with, imitate, or resemble any official warning or regulatory traffic sign, signal, or similar device. (c)…

19A NCAC 02E .1106 TODS Program FEES (a) The annual fee for each TODS panel or TODS Trailblazer shall be two hundred dollars ($200.00). (b) All participating businesses shall pay the annual fee prior to installation of the TODS panel(s). (c) The annual fee shall be paid by check …

section .1200 – private property owners 19A NCAC 02E .1201 PURPOSE The North Carolina Department of Transportation's Public Vehicular Area designation exists to allow private property to be designated as a public vehicular area by the private property owner. History Note: Authori…

19A NCAC 02E .1202 DEFINITIONS For the purposes of the rules in this Section, the following definitions shall apply: (1) "Department" shall mean the North Carolina Department of Transportation. (2) "Participants" shall mean the private property owners who have registered property…

19A NCAC 02E .1203 PARTICIPATION (a) The Division Engineer or his designee shall acknowledge receipt and registration of applications from participants applying to participate in designating a Public Vehicular Area. (b) By certified check or money order, each participant shall pa…

19a ncac 02E .1204 RESPONSIBILITIES OF PARTICIPANTS AND DEPARTMENT (a) The Department shall provide a copy of the official design of the signs that shall state "Public Vehicular Area G.S. 20-219.4." (b) Any participant shall: (1) Locate signs in a manner that does not inhibit sig…

19A NCAC 02E .1205 TERMINATION OF THE AGREEMENT (a) Any participant may choose to cancel the agreement by notifying the Department. No prorated refund shall be given to the participant due to cancellation of agreement. (b) A participant may choose to modify the agreement by resub…

SUBCHAPTER 02F - DEPARTMENT OF TRANSPORTATION'S MINIMUM CRITERIA SECTION .0100 - MINIMUM CRITERIA 19A NCAC 02F .0101 PURPOSE This Section establishes minimum criteria to be used in determining when the preparation of environmental documents pursuant to the North Carolina Environm…

19A NCAC 02F .0102 MINIMUM CRITERIA The following are established as an indicator of the types and classes of thresholds of activities at and below which environmental documentation under the NCEPA is not required: (1) Approval of: (a) installation of utilities along or across a …

19A NCAC 02F .0103 EXCEPTIONS TO MINIMUM CRITERIA Any activity falling within the parameters of the minimum criteria set out in Rule .0102 of this Section shall not routinely be required to have environmental documentation under the NCEPA. However, the Secretary of Transportation…

SUBCHAPTER 3A - ADMINISTRATION SECTION .0100 - GENERAL ADMINISTRATION 19A NCAC 03A .0101 ORGANIZATION: COMMISSIONER OF MOTOR VEHICLES History Note: Authority G.S. 20-1; 20-3; 20-39; Eff. July 1, 1978; Amended Eff. November 1, 1991; February 1, 1982; Repealed Eff. December 1, 1993…

19A NCAC 03A .0104 LEGAL PROCESS History Note: Authority G.S. 1-105; 1-105.1; 20-1; 20-39; Eff. July 1, 1978; Amended Eff. February 1, 1982; Repealed Eff. December 1, 1993.

19A NCAC 03A .0105 GENERAL INFORMATION The following is general information about the Division of Motor Vehicles: (1) The mailing address is 3101 Mail Service Center, Raleigh, North Carolina 27697-3101. (2) The physical location is 1515 North Church Street, Rocky Mount, North Car…

SUBCHAPTER 03B - DRIVER LICENSE SECTION SECTION .0100 - GENERAL INFORMATION 19A NCAC 03B .0101 PURPOSE This Section provides information on the following: (1) the four tests that may be required of an applicant for a driver's license; (2) the medical evaluation program; (3) drivi…

19A NCAC 03B .0102 DEFINITIONS History Note: Authority G.S. 20-4.01; 20-7(c); Eff. July 1, 1978; Amended Eff. June 5, 1981; Repealed Eff. July 1, 1982.

19A NCAC 03B .0103 FORMS History Note: Authority G.S. 20-7; 20-39; Eff. July 1, 1978; Amended Eff. November 1, 1991; June 5, 1981; Repealed Eff. November 1, 2021.

19A NCAC 03B .0119 FEE FOR DRIVER IMPROVEMENT CLINIC History Note: Authority G.S. 20-1; 20-16(c); 20-16(e); 20-39; Eff. October 1, 1982; Amended Eff. November 1, 1991; Expired Eff. October 1, 2018 pursuant to G.S. 150B-21.3A.

SECTION .0200 - DRIVER'S LICENSE ISSUANCE 19A NCAC 03B .0201 DRIVER'S LICENSE EXAMINATION AND ONLINE RENEWAL (a) The Division shall issue a driver's license to any person who is eligible under G.S. 20 and completes the following requirements: (1) The Knowledge Examination, which …

SECTION .0300 - MEDICAL EVALUATION 19A NCAC 03B .0301 ACUTE OR CHRONIC ILLNESSES History Note: Authority G.S. 20-2(b); 20-9; 20-17.1; Eff. July 1, 1978; Amended Eff. November 1, 1991; June 5, 1981; Repealed Eff. November 1, 2021.

19A NCAC 03B .0403 DRIVING RECORDS History Note: Authority G.S. 20-1; 20-26(b),(c); 20-39; Eff. July 1, 1978; Amended Eff. December 1, 1993; November 1, 1991; July 1, 1982; Repealed Eff. November 1, 2021.

19A NCAC 03B .0404 RECORDS AVAILABLE TO PUBLIC History Note: Authority G.S. 20-1; 20-27; Eff. July 1, 1978; Repealed Eff. June 30, 1981.

SECTION .0600 - CLASSIFIED DRIVERS' LICENSE 19A NCAC 03B .0601 GENERAL INFORMATION Where provisions of this Section .0600 (Classified Drivers' License) may be in conflict with the provisions of Section .0700 (Commercial Drivers' License) or those of 19A NCAC 03J (Rules and Regula…

19A NCAC 03B .0602 GROSS VEHICLE WEIGHT (a) Gross vehicle weight shall be the actual weight of a vehicle as may be determined by weighing the vehicle at a permanent weigh station or by use of portable scales provided, however, that for the purposes of Article 2 of G.S. 20 the reg…

19A NCAC 03B .0603 COMPANY ADMINISTERED ROAD TEST AND CERTIFICATION History Note: Authority G.S. 20-7(c); 20-39; Eff. June 5, 1981; Amended Eff. December 1, 1993; July 1, 1981; Expired Eff. October 1, 2018 pursuant to G.S. 150B-21.3A.

19A NCAC 03B .0604 DEFINITIONS History Note: Authority G.S. 20-4.01; 20-7(c); 20-321; Eff. July 1, 1982; Amended Eff. December 1, 1993; Expired Eff. October 1, 2018 pursuant to G.S. 150B-21.3A.

SECTION .0700 - COMMERCIAL DRIVERS' LICENSE 19A NCAC 03B .0701 GENERAL INFORMATION (a) The purpose of the rules in this Section is to establish policies and procedures to permit persons other than employees of the North Carolina Division of Motor Vehicles to conduct the skills te…

19A NCAC 03B .0702 DEFINITIONS The following definitions shall apply for purposes of the rules of this Section: (1) "Division" means the North Carolina Division of Motor Vehicles. (2) "Commissioner" means the North Carolina Commissioner of Motor Vehicles. (3) "CDL" means Commerci…

19A NCAC 03B .0703 REQUIREMENTS FOR THIRD PARTY TESTERS (a) To be certified as a Third Party Tester a person must: (1) apply in accordance with Rule .0706 of this Section and enter into an agreement with the Division in accordance with 49 CFR 383.75; (2) maintain a place of busin…

19A NCAC 03B .0704 REQUIREMENTS FOR THIRD PARTY EXAMINERS (a) Third Party Examiners may conduct skills tests on behalf of only one Third Party Tester at any given time. If a Third Party Examiner leaves the employ of a Third Party Tester he or she must reapply to conduct tests on …

19A NCAC 03B .0705 CERTIFICATES (a) A certificate shall be issued allowing the Third Party Tester to operate an approved testing program to give skills tests to applicants for a CDL as provided in Rule .0703 of this Section. (b) An examiner certificate shall be issued to Third Pa…

19A NCAC 03B .0706 APPLICATION FOR THIRD PARTY TESTER CERTIFICATION (a) Before any certificate is issued to a Third Party Tester, an application shall be made in writing to the Division on a form prepared and emailed to the applicant by the Division. The application shall include…

19A NCAC 03B .0707 APPLICATION FOR THIRD PARTY EXAMINER CERTIFICATION Application for an Examiner Certificate shall be made on a form emailed by the Division. The form shall contain the following information of the Third Party Examiner applicant: (1) the full name, home and busin…

19A NCAC 03B .0708 ADVERTISING (a) No advertising shall indicate in any way that a program can issue or guarantee the issuance of a commercial driver's license or imply that the program can in any way influence the Division in the issuance of a commercial driver's license or impl…

19A NCAC 03B .0709 ON-SITE INSPECTIONS AND AUDITS (a) All applicants for a Third Party Tester Certificate shall permit the FHWA or the Division to inspect and audit its operations, facilities, and records as they relate to its Third Party Testing program, for the purpose of deter…

19A NCAC 03B .0710 NOTIFICATION REQUIREMENTS (a) Third Party Tester must: (1) Notify the Division in writing 30 days prior to any change in the Third-Party Tester's name or address. (2) Notify the Division in writing within ten days of any change in: (A) The Third-Party Examiners…

19A NCAC 03B .0711 EVALUATION OF APPLICANTS BY THE DIVISION (a) In order to determine whether a Third Party Tester applicant meets the certification requirements set forth in Rule .0703 of this Section, the Division shall review the materials submitted in accordance with Rule .07…

19A NCAC 03B .0712 CERTIFICATION BY THE DIVISION (a) Upon successful application and evaluation, a Third-Party Tester will be issued a certificate which must be prominently displayed at the approved testing facility giving them the authority to administer a Third-Party Testing pr…

19A NCAC 03B .0713 PROFESSIONAL CONDUCT (a) No examiner, employee, or agent of the Third-Party Tester will be permitted to accompany any Commercial Driver License applicant into any examining office rented, leased, or owned by the Division for the purpose of taking a written or s…

19A NCAC 03B .0714 INSURANCE REQUIREMENTS (a) All Third-Party Testers shall maintain bodily injury and property damage liability insurance on motor vehicles used in driving tests, insuring the liability of the testing program, the Examiner and any person taking tests in the amoun…

19A NCAC 03B .0715 TEST ADMINISTRATION (a) Skills tests shall be conducted strictly in accordance with the provisions of these requirements and with current test instructions provided by the Division. Such instructions may include information on skills test content, route selecti…

19A NCAC 03B .0716 DENIAL/TERMINATION OF THIRD PARTY TESTING PROGRAM/CERTIFICATION (a) The Division may deny any application for a Third-Party Tester or Examiner's Certificate, if the applicant does not qualify for the certificate under provisions of these Rules. Misstatements or…

SECTION .0800 - GROSS VEHICLE WEIGHT RATING (GVWR) 19A NCAC 03B .0801 DEFINITION History Note: Authority G.S. 20-37.22; Eff. July 1, 1992; Repealed Eff. November 1, 2021.