H959 - Department of Transportation Proposed Legislative Changes. (SL 2016-90)

Overview: S.L. 2016-90, as amended by Secs. 35.20(g) and 35.21(c) of S.L. 2016-94, makes various changes to the transportation and motor vehicles laws of the State, as follows:

Department of Transportation (DOT) Related Changes

• Exempts small DOT projects with a cost of $250,000 or less from the local consultation requirement.
• Authorizes DOT to also allow placement of non-utility owned or operated communications or data transmission infrastructure on DOT right-of-way, and directs DOT to study the issue of administrative fees for encroachments.
• Modifies weight limits applicable to metal commodities and steel coils, and extends certain federal weight exemptions to the State's highways.
• Delays the sunset of a law authorizing DOT to participate, in limited circumstances, in private developer contracts for State highway system engineering, design, or construction of improvements.

Turnpike Authority Related Changes

• Authorizes the Turnpike Authority to send bills for tolls via electronic mail, if the registered owner consents.
• Requires the Authority to report the number of one-time toll facility users who are charged more than $50 in penalties and fees to the Joint Legislative Transportation Oversight Committee by January 31, 2017, and in its annual report thereafter.

Bicycle Related Changes

• Repeals a requirement for DOT to maintain certain off-road cycling records.
• Requires bicycles to have a red rear light or that the operator wear reflective clothing when operating at night.
• Authorizes the passing of a slower moving bicycle or moped, even where passing is otherwise prohibited, in certain circumstances.
• Increases the penalties for unsafe traffic movements that cause injury to bicycles.
• Clarifies the required hand signals for bicycle turning and stopping.

Division of Motor Vehicles (DMV) Related Changes

• Amends State commercial driver's license laws to conform with federal requirements.
• Provides that the registration of a motor vehicle renewed by means other than a renewal sticker expires at midnight on February 15 of each year.
• Sets the period of validity for all temporary driving certificates at 60 days, and allows a certificate to be used for identification purposes when conducting business with the DMV.
• Eliminates the requirement for sign and symbol and vision testing when a person is renewing a driver's license remotely via the internet or at a DMV kiosk.
• Makes changes to the law governing DMV notices sent by e-mail.
• Requires DMV to provide an option for indicating ownership by joint tenancy with right of survivorship on applications for registration and certificate of title.
• Amends the applicability of the requirement for DMV to inspect out-of-state vehicles such that the requirements applies only to 1980 model year or older vehicles.
• Repeals the requirement for the owner of a registered motor vehicle to sign their vehicle registration card.
• Revises the definition of an autocycle to include vehicles without an airbag, and with partially enclosed seating within the definition.
• Authorizes moped liability insurers to cede moped liability insurance coverage to the North Carolina Reinsurance Facility.
• Defines "electric assisted bicycles," and exempts them from the definition of motor vehicles.
• Clarifies the definition of moped to include mopeds powered by electricity or alternative fuel, but does not include motor-driven bicycles or electric assisted bicycles.
• Allows use of dealer plates by employees of independent dealers, and by immediate family members of independent dealers and their employees.
• Provides that law enforcement may provide an uncertified copy of an accident report to an insurance agent or driver upon being provided with evidence that a certified copy of the accident report has been requested from DMV and the applicable fee has been paid.

Unmanned Aircraft Change

• Changes the authorized minimum age for operation of a commercial unmanned aircraft system from age 17 to age 16, the same age as authorized under recently adopted federal rules.

Map Act Related Changes

• Clarifies how Map Act-related litigation damages and costs will be funded.
• Places a one-year moratorium on the filing of any new transportation corridor official maps.
• Rescinds all adopted transportation corridor official maps.
• Changes the rate of interest that DOT must pay on condemnation-related judgments, from 8%, to the prime lending rate at the time of the taking, not to exceed 8%.
• Directs DOT to study the development of a process that equitably balances the interest of the State in protecting proposed transportation corridors from development, the property rights of affected landowners, and the taxpayers of the State.

This act became effective July 11, 2106, and several provisions have different effective dates. Please see the full summary for more detail.