Current through Register Vol. 39, No. 6, September 16, 2024
(a)
The Division of Motor Vehicles shall cancel the school bus driver certificate
of any driver for the following reasons:
(1)
Any determination that the certificate was issued on the basis of
misinformation, false statements, or fraud.
(2) A suspension, revocation, or cancellation
of the driver license.
(3)
Conviction of any of the following motor vehicle moving offenses:
(A) Driving while impaired;
(B) Passing a stopped school bus;
(C) Hit and run;
(D) Careless and reckless driving;
(E) Excessive speeding involving a single
charge of speeding more than 15 miles per hour above the posted speed
limit;
(F) Two convictions within a
period of 12 months;
(G) A
violation committed while operating a school bus.
(H) A violation of any State or local law
relating to motor vehicle traffic control, other than a parking violation,
arising in connection with a fatal accident;
(I) Improper or erratic lane
changes;
(J) Following the vehicle
ahead too closely;
(K) Driving a
commercial motor vehicle without obtaining a commercial driver's
license;
(L) Driving a commercial
motor vehicle without a commercial driver's license in the driver's possession.
However, a person shall not be convicted of failing to carry a commercial
driver's license if by the date the person is required to appear in court for
the violation he or she produces to the court a commercial driver's license
that was valid on the date of the offense;
(M) Driving a commercial motor vehicle
without the proper class of commercial driver's license or endorsements for the
specific vehicle group being operated or for the passenger or type of cargo
being transported.
(4) A
determination of physical or mental inadequacy under the provisions of the
physical requirements noted in Rule .0205 of this Section.
(5) A local cancellation of certification, in
the discretion of the local administrative unit, for violation of local
regulations, submitted to the Driver Education Specialist for cancellation at
the state level. If there is not an offense or conviction that would require a
mandatory cancellation by the Section, the Driver Education Specialist shall
handle the cancellation locally by canceling the certificate at the garage and
retain the pocket card in his files.
(6) A driving record which in its overall
character arouses question about the reliability, judgment, or emotional
stability of the driver.
(7)
Conviction of a violation of
G.S.
20-142.1 through
20-142.5 when the driver is
operating a commercial motor vehicle. The driver shall be disqualified from
driving a commercial motor vehicle as follows:
(A) For a period of 60 days if convicted of a
first violation of a railroad grade crossing offense listed in this
Subparagraph;
(B) For a period of
120 days if convicted during any three-year period of a second violation of any
combination of railroad grade crossing offenses listed in this
subparagraph;
(C) For a period of
one year if convicted during any three-year period of a third or subsequent
violation of any combination of railroad grade crossing offenses listed in this
Subparagraph.
(b) Upon recommendation of the Driver
Education Specialist or local school officials, the Division of Motor Vehicles
shall require re-examination of any certified driver whose qualifications
become questionable or who exhibits evidence of improper or unsafe driving
practices and driving procedures. If such a re-examination reveals a problem,
the Driver Education Specialist shall suspend the certified driver from driving
any school bus pending re-training of the driver. If the problem cannot be
corrected, the Driver Education Specialist shall cancel the certification of
the school bus driver.
