During the 11 October CBA/ABATE Legislative Committee meeting two proposals for a "Freedom of Choice" bill were offered for consideration.
The first proposed bill is language similar to HB 1517 which was introduced by Representative John Sauls during the 2003/2004 session. This bill was sent to a committee and never placed on the agenda. Thus, it did not get to the floor of either chamber for consideration. It is painfully obvious that this bill was not acceptable to our legislators (at that time).
The second proposal is more comprehensive (and controversial) and establishes a 3-tiered licensing system based on rider skills (as opposed to engine size). It also authorizes a motorcycle-only license, provides law enforcement an easy method for identifying rider privileges, and establishes fees for endorsement levels.
Neither of these bills is the recommended “end-all” bill. We are looking for constructive feedback and alternative ideas. We are also looking for a legislator/sponsor to introduce the final proposal during the early months of the 2009-2010 session which begins on 28 January 2009. Please forward your ideas and comments to me no later than 30 November 2008 at docskivnv@earthlink.net.
Keep the Faith!
Doc Ski
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Proposed Freedom of Choice bill #1
Previously Submitted in 2003/2004
| Short Title: Amend Motorcycle Helmet Law. | (Public) |
A BILL TO BE ENTITLED
AN ACT to modify the requirement for the use of helmets by operators and passengers on motorcycles and to adjust the fee on private motorcycle registrations in order to provide additional funds for the motorcycle safety program, as recommended by the house select committee on motorcycle helmet laws.
The General Assembly of North Carolina enacts:
SECTION 1. G.S. 20-140.4 reads as rewritten:
"' 20-140.4. Special provisions for motorcycles and mopeds.
(b) Except as provided in subsections (c) and (d) of this section, a person may not operate or ride upon a motorcycle or moped unless the operator and all passengers thereon wear on their head, with a retention strap properly secured, safety helmets of a type that complies with Federal Motor Vehicle Safety Standard (FMVSS) 218.
(c) Notwithstanding subsection (b) of this section, a person over 21 years of age may operate a motorcycle without wearing a safety helmet if the operator held a motorcycle license or a motorcycle endorsement prior to October 1, 2008, or if the following conditions are met:
(1) The operator has successfully completed the course of instruction offered by the Motorcycle Safety Instruction Program authorized in G.S. 115D-72, or its equivalent as determined by the Commissioner, and the operator has had a motorcycle license or a motorcycle endorsement for more than 12 months.
(2) The operator is covered by an insurance policy providing for at least ten thousand dollars ($10,000) in medical benefits for injuries incurred as a result of a crash while operating or riding on a motorcycle.
(d) Notwithstanding subsection (b) of this section, a person over 21 years of age may ride upon a motorcycle without wearing a safety helmet if the operator is allowed to operate a motorcycle without a helmet pursuant to subsection (c) of this section, and the person is covered by an insurance policy providing for at least ten thousand dollars ($10,000) in medical benefits for injuries incurred as a result of a crash while riding on a motorcycle.
(e) Violation of any provision of this section shall not be considered negligence per se or contributory negligence per se in any civil action.
(f) Any person convicted of violating this section shall have committed an infraction and shall be fined according to G.S. 20-135.2A(e) and (f). "
SECTION 2. G.S. 20-87(6) is repealed.
SECTION 3. G.S. 20-87 is amended by adding a new subdivision to read:
"' 20-87. Passenger vehicle registration fees.
These shall be paid to the Division annually, as of the first day of January, for the registration and licensing of passenger vehicles, fees according to the following classifications and schedules:
(13) Private Motorcycles. The fee on private passenger motorcycles shall be fourteen dollars ($14.00). When a motorcycle is equipped with an additional form of device designed to transport persons or property, the fee shall be twenty-one dollars ($21.00). Five dollars ($5.00) of the fees collected pursuant to this subdivision shall be used, in addition to any other funds appropriated for this purpose, to fund the Motorcycle Safety Instruction Program established pursuant to G.S. 115D-72."
SECTION 4. This act becomes effective October 1, 2004, and applies to violations occurring on or after that date.
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Proposed Freedom-of-Choice Bill #2
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| Short Title: Graduated Motorcycle Licensing | (Public) |
A BILL TO BE ENTITLED
AN ACT to amend the requirements for a motorcycle learner's permit, clarify the requirements for obtaining a motorcycle endorsement OR MOTORCYCLE-ONLY LICENSE, and to establish the standards and fees for graduated motorcycle licensing AND FEE DISTRIBUTION.
SECTION 1. G.S. 20-7(a1) reads as rewritten:
"(a1) Motorcycles and Mopeds. To drive a motorcycle, a person shall have: have one of the following:
(1) A full provisional license with a motorcycle learner's permit.
(2) A regular drivers license with a motorcycle learner's permit.
(3) A full provisional license, with a motorcycle endorsement.
(4) A regular drivers license, with a motorcycle endorsement.
(5) A motorcycle-only learners permit, or license.
To obtain a motorcycle endorsement, or motorcycle-only license, a person shall demonstrate competence to drive a motorcycle by:
(1) Passing a road test;
(2) Passing a written or oral test concerning motorcycles; and
(3) Paying the fee for a motorcycle endorsement or license.
To obtain a motorcycle endorsement, or motorcycle-only operators license, a person shall demonstrate competence to drive a motorcycle by passing a riding skills test administered by the Division, or by providing proof of successful completion of the North Carolina Motorcycle Safety Education Program Basic Rider Course or Experienced Rider Course. The person shall pay the fee set in subsection (i) of this section for a motorcycle endorsement. Subsection (a2) of this section sets forth the requirements for a motorcycle learner's permit. Neither a drivers license, motorcycle-only license, nor a motorcycle endorsement is required to drive a moped."
SECTION 2. G.S. 20-7(a2) reads as rewritten:
(a2) Motorcycle Learner's Permit. The following persons are eligible for a motorcycle learner's permit:
(1) A person who is at least 16 years old but less than 18 years old and has a full provisional license issued by the Division.
(2) A person who is at least 18 years old and has a license issued by the Division.
(3) A person who is at least 18 years old may apply for a motorcycle-only learners permit.
To obtain a motorcycle learner's permit, an applicant shall pass a vision test, a road sign test, and a written test specified by the Division. A motorcycle learner's permit expires 18 months after it is issued. issued and may be renewed for one additional eighteen-month period. The holder of a motorcycle learner's permit may not drive a motorcycle with a passenger. The fee for a motorcycle learner's permit is the amount set in G.S. 20-7(l) for a learner's permit."
SECTION 3. G.S. 20-7(a3) is added to read:
(a3) Graduated Motorcycle Licensing and Personal Protective Equipment Requirements. - Motorcycle licensing and protective equipment standards are established for three graduated levels of rider experience; learner, novice, and experienced riders. The following standards are enacted:
(1) Level I Learner: All individuals eligible for a MC Learner's Permits under Section (a2) will be required to utilize the following protective equipment:
a. FMVSS-218 compliant Safety Helmet
b. Eye protection (eye-glasses or goggles)
c. Full-finger gloves
d. Long-sleeve Shirt
e. Conspicuity Vest/Belt
f. Boots
(2) Level II Novice Rider Endorsement: All individuals with, a motorcycle endorsement or motorcycle-only operators license must utilize the following protective equipment
a. FMVSS 218 compliant Safety Helmet
b. Eye protection (glasses or goggles)
(3) Level III Experienced Rider Endorsement: All individuals, over 21 years of age may exercise individual personal judgment in the use of any and all personal protective equi pment when operating a motorcycle after having met the following conditions to qualify for Level III endorsement privileges:
(1) The operator has held a motorcycle license or a motorcycle endorsement for more than 24 months and has:
a. successfully completed the Experienced Rider course of instruction offered by the Motorcycle Safety Education Program authorized in G.S. 115D-72, or its equivalent as determined by the Commissioner, or;
b. the operator has successfully completed a
c. the operator has passed an on-road riding-skills evaluation conducted by a
(2) The operator is covered by an insurance policy providing for at least ten thousand dollars ($10,000) in medical benefits for injuries incurred as a result of a crash while operating or riding on a motorcycle.
(3) The operator is the registered owner of the motorcycle, and the license tag of the motorcycle has affixed to it a special endorsement stamp indicating that the rider is an experienced motorcyclist who has met all requirements for Level III Experienced Rider privileges.
(d) Violation of any provision of this section shall not be considered negligence per se or contributory negligence per se in any civil action.
(e) Any person convicted of violating this section shall have committed an infraction and shall be fined according to G.S. 20-135.2A(e) and (f). "
SECTION 4. G.S. 20-87 is amended by adding a new subdivision to read:
"' 20-87. Passenger vehicle registration fees.
There shall be paid to the Division annually, as of the first day of January, for the registration and licensing of passenger vehicles, fees according to the following classifications and schedules:
(13) Novice Rider Validation fee. There shall be instituted a special one-time motorcycle endorsement fee of $10. for each issuance of a motorcycle license plate. The qualified rider will be issued a validation tag to be placed on the license plate of the motorcycle indicating the rider has met the required qualification standards for Level II Novice Rider License.
(14) Experienced Rider Validation fee. There shall be instituted a special motorcycle endorsement fee of $75. to be paid annually for the receipt of a validation tag to be placed on the license plate of the motorcycle indicating the rider has met the required qualification standards for Level III Experienced Rider License.
(15) Endorsement fee distribution: Special fees collected for endorsement validation shall be disseminated in the following manner:
a. Five dollars ($5.00) of the fees collected pursuant to this subsection shall be designated for the DOT to cover the cost of materials and management of the program.
b. One half of the remaining endorsement fees appropriated under this section will be distributed to the Motorcycle Safety Education Program established pursuant to G.S. 115D-72 for the purpose of developing and operating the Level III mentoring and evaluation qualification programs identified in section (a3).
c. The remaining one-half of endorsement fees will be distributed to the
SECTION 4. This act becomes effective October 1, 2007, and applies to violations occurring on or after that date.
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