Amends GS 20-28.3 to include felony speeding to elude arrest pursuant to GS 20-141.5(b) among the offenses that make a motor vehicle subject to seizure. Clarifies that motor vehicles are subject to seizure for impaired driving offenses and for felony speeding to elude arrest. Requires the officer making the motor vehicle seizure to notify the Division of Motor Vehicles (was, notify the designated executive agency) no later than 24 hours after the seizure of the motor vehicle. Makes conforming changes vesting responsibility for notice of the seizure in the Division of Motor Vehicles (DMV). Makes additional conforming changes to provide that the underlying offenses leading to the seizure of a motor vehicle include impaired driving offenses and felony speeding to elude arrest and those provisions regarding the payment of fees upon conviction apply to either offense.
Amends GS 20-63(g) to provide that any operator of a motor vehicle who covers any portion of the vehicle’s registration letters or numbers, commits an infraction and will be penalized (was, makes a number or letter included in the vehicle’s registration illegible).
Amends GS 20-127 to provide that regardless of the provisions in subsection (b) of GS 20-127 regarding tinting of vehicle windows, a window of a vehicle that is operated on a public street or highway and which is subject to the provisions of Part 393 of Title 49 of the Code of Federal Regulations (CFR) must comply with the provisions of Part 393 of the CFR. Removes windows in a for hire passenger vehicle and in a common carrier of passengers from the list of excluded vehicle windows to which certain window tinting restrictions do not apply.
Amends GS 20-137.4a to make it unlawful for a person to use a mobile phone or other electronic device while operating a commercial vehicle subject to Parts 390 or 392 of Title 49 of the CFR on a public street or highway, or a public vehicular area.
Amends GS 20-141.5 to require that policies adopted regarding speeding to elude arrest is to specifically include factors that an officer is to consider in determining whether to initiate or terminate a pursuit. Provides that a owner or holder of a security interest in a vehicle subject to forfeiture in accordance with GS 20-28.2 is considered an innocent party with respect to the vehicle subject to forfeiture if the defendant drove the motor vehicle without the consent of the owner or the holder of the security interest.
The above listed provisions become effective December 1, 2011 and apply to offenses committed on or after that date.
Amends GS 20-166.1(i) to provide that reports made under the statute are public records as defined in GS 132-1. Provides that reports may not be released to a person requesting the report until personal identifying information has been redacted from the report in compliance with the federal Drivers Privacy Protection Act, 18 USC Section 27121(b)(11) and (12), and GS 20-43.1. Amends GS 20-383 to provide that the State Highway patrol and other agents or employees of the Department of Crime Control and Public Safety designated by the Secretary of Crime Control and Public Safety have the authority to enforce the provisions of Article 17 of GS Chapter 20. Except as otherwise indicated, effective when the act becomes law.