North Carolina Traffic Laws (p.16)

By Michael K. Perry

When summertime arrives and young people are driving more, I find myself answering a lot more questions about North Carolina’s traffic laws. Following are a handful of the most frequently asked questions I receive, and their answers. There are some exceptions and nuances I do not cover completely; therefore, should you receive a citation or have a specific question, I suggest you contact me or another lawyer who is knowledgeable in this area of law. Most of us do not charge for a brief phone consultation to answer a question or point you in the right direction.

– Can my teenager use her cell phone while driving? Persons under 18 years of age may not use a cell phone while operating a vehicle in motion. There is an exception for emergencies and if the young person is talking to his or her parent, legal guardian, or spouse. However, I do not like that exception – I think teens should pull over and stop before talking to Mom, but currently, it is not illegal.

– Can I text while my vehicle is in motion? No, it is illegal to text while a vehicle is in motion. This goes for all licensed drivers, not just teenagers. You cannot even read a text message while operating a vehicle in motion. This prohibition is against “manual” texting. There is technology available that allows you to send a text by “voice operation” and this is not prohibited by law.

– What about seat belts and child restraints? If a vehicle is equipped with seatbelts, then they must be worn by all passengers. This includes the backseat (although the fine for not wearing a rear seatbelt is only $10, and I personally have never seen a ticket given solely for this reason). Children under eight years old and less than 80 pounds must be properly secured in a weight-appropriate child passenger restraint system. In vehicles with an active passenger-side front airbag, if the vehicle has a rear seat, then a child less than five years of age and weighing less than 40 pounds must be secured in a child restraint system in a rear seat. There is a relatively new exception for child restraint systems specially designed for use with airbags.

– What are the laws regarding alcohol and driving? A young person may have absolutely no alcohol in his or her system when operating a vehicle. This prohibition applies to all persons under 21 years of age. The state does not have to prove the driver was impaired – only that alcohol or drugs were in his or her system during operation of the vehicle. A penalty for this violation is the loss of the driver’s license for a year, as well as costs and fine. Of course, the insurance increase associated with this violation is significant.

– How long is my teen driver a provisional licensee? Minors (18 years of age or younger) are considered provisional licenses. These individuals are on a different point system than adult drivers. Two moving violations can result in a license suspension. As anyone who has recently added a teen driver onto their auto insurance policy knows, new drivers are expensive, even without points.

– Are driver’s license points different from insurance points? Yes. North Carolina has a relatively unique system. Traffic violations carry driver’s license points. You get two points for a minor speeding violation, for example, and five points for passing a stopped school bus. Each traffic violation also carries insurance points. Insurance points have a corresponding percentage increase in the driver’s insurance rate. There are quite a few rules and exceptions to the rules that govern these points systems, however. A complete discussion would take more space than is allotted here.

I hope you find this information helpful. Remember, this is just the big picture. I have oversimplified in several instances, but have tried to answer a few of the questions I am most often asked. As you and your teen driver hit the road, please remember these laws and enjoy a safe and fun summer!

Michael K. Perry is an attorney who practices in Wake Forest. To learn more, call 919-556-3008 or visit www.mikeperrylaw.com.