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Prior to the creation of a separate motor vehicles agency, North Carolina saw the need for motor vehicle registration and identification. In 1909 the General Assembly enacted legislation requiring that all owners register their vehicles with the secretary of state. A five dollar fee (to be turned over to the state treasurer) was to be charged every registrant, and each vehicle was to be assigned a distinctive number, to be displayed conspicuously on a metal license plate. The law also provided for regulating highway speeds, and local officials were given the authority to enforce laws regulating traffic. Additional legislation was passed in 1913, establishing a fee structure for registrants and designating how collected fees were to be used. Eighty percent of the fund was to be turned over to counties for road construction and maintenance. In 1915 the legislature created the State Highway Commission, entrusting it with assisting the counties in developing a statewide system of highways. In 1917 a State Highway Maintenance Fund was established under the authority of the State Highway Commission. Fees collected by the secretary of state through automobile registration were to go into this fund for highway construction. In 1923 the secretary of state was given expanded duties to enforce the state's automobile registration laws. With the permission of the governor he could appoint deputies; deputize any sheriff's deputy or police officer; and investigate fee non-payment, auto theft, and title and registration violations. Two years later the licensing and registration of commercial vehicles were specifically required by legislation and rules for commercial vehicle sizes, weights, licenses, taxes, and inspections were adopted. In 1927 the commissioner of revenue was designated "Vehicle Commissioner" and was granted all authority and power to execute and enforce all laws concerning motor vehicles in North Carolina. He also was to designate and appoint agents and deputies needed to carry out his mandates. His deputies were to have full police powers to enforce all traffic laws, and his staff was to be responsible for all license applications, certificates of title, title transfers, registration cards, registration fees, license plates, and accident report forms. Funds collected by the agency were to be deposited with the state treasurer in the State Highway Fund, which was to be used to pay for the expense of collecting license and registration fees, clerical assistance, purchasing costs for plates, and such things as mailing and forms. In 1933 the General Assembly officially created the Motor Vehicle Bureau in the Department of Revenue. While the commissioner of revenue continued to act as vehicle commissioner, the 1933 law provided for the establishment of the position of deputy motor vehicle commissioner as administrative head of the bureau. All activities relating to the registration and licensing of motor vehicles as discussed earlier, the collection of gasoline taxes (and other responsibilities previously exercised by the Department of Agriculture concerning the inspection of gasoline and fuel oils), and those duties exercised by the State Highway Commission with respect to state highway law, were transferred to the Motor Vehicle Bureau. The State Highway Patrol also was transferred to the bureau. A Motor Vehicle and Inspection Board was created to set standards for the inspection of all kerosene, gasoline, benzine, furnace and fuel oils, and any other oils marketed in North Carolina. The board was to be composed of the governor, the commissioner of revenue, and the chairman of the State Highway Commission. Members of the State Highway Patrol were to serve as inspectors. In 1935 the legislature enacted the Uniform Driver's License Act which brought together under one heading all previous legislation on motor vehicle licensing. Driver license requirements for motorists and chauffeurs were described in detail, including age and health qualifications; license expiration, renewal, and suspension; exemptions from licensing; and record keeping. Two years later the General Assembly consolidated under one heading the powers and duties of the commissioner of revenue as vehicle commissioner and the general responsibilities of the Motor Vehicle Bureau, including detailed descriptions of the agency's police authority, its powers to regulate vehicle operation, and its responsibilities in enforcing vehicular laws. In 1939 the legislature directed the commissioner of revenue to create a Highway Safety Division within the State Highway Patrol. The Highway Safety Division was to have responsibility for administering the Uniform Driver's License Act. A completely separate Department of Motor Vehicles was established in 1941 by the General Assembly. All agencies then operating under the Department of Revenue with responsibilities in regulating, licensing, inspecting, and certifying motor vehicles were transferred to the new agency. Included in the transfer were the Auto Theft Bureau, the Division of Highway Safety, and the State Highway Patrol. Collection of motor fuel taxes and the inspection of gasoline and oil remained a responsibility of the Department of Revenue. The chief executive officer of the department was the commissioner of motor vehicles, appointed by the governor to serve at his pleasure. Although the commissioner could organize the new department in the manner he saw fit, the legislature specifically created the Division of Registration and the Division of Highway Safety and Patrol. Additional legislation was enacted by the General Assembly in 1943 and 1945 regulating the licensing of motor vehicle operators, assessment of property damages, issuance of registration cards, licenses for trailers, and vehicle weight limits, but had little affect on the basic powers or organization of the department. Out of the 1947 legislative session came laws requiring drivers to prove their financial responsibility, clarifications of the auto insurance law, limitations on the driving privileges of mental incompetents and inebriates, and the requirement of annual motor vehicle safety inspections. Permanent and temporary inspection stations, operated by the department and equipped with the necessary inspection equipment, were to administer the annual auto inspections. In 1949 the department was permitted to discontinue this responsibility, which was assumed by private, licensed inspectors. In 1953, and again in 1957, the General Assembly enacted legislation affecting motorists' insurance coverage and liability. In 1955 lawmakers provided for the regulation of auto dealers, distributors, and salesmen. A program to finance high school driver training programs was created in 1958. A Driver Training and Safety Education Fund was set up to receive funds from an additional auto registration fee of one dollar. These funds were to be used by the State Board of Education for in-school driver training and safety courses. A system by which drivers accumulated points for driving violations and highway law infractions was adopted in 1959. Violations could result in license revocation, a mandatory written test, and/or a road test for renewal. In 1965 the legislature adopted provisions regulating private driving schools. In 1971 the Deparment of Motor Vehicles was transferred to the newly created Department of Transportation and Highway Safety, where it became the Division of Motor Vehicles. The chief executive officer of the division continued to carry the title of commissioner, and the division's major duties included vehicle registration, the issuance of driver licenses, driver education programs, the promotion of highway safety, vehicle safety inspections, police information services, and school bus driver training. In 1975, the Department of Transportation and Highway Safety was re-created as the Department of Transportation. Additional legislation enacted in 1983, 1985, 1989, and 1991, clarified the division's responsibilities in regard to fees collected to cover the costs of equipment inspection, the issuance of fictitious driver licenses for law enforcement agents, voter registration by driver license examiners, commercial driver licenses, and exemptions from driver license requirements for public safety workers. REFERENCES: P.L., 1909, c. 445, ss. 2, 9-20. P.L., 1913, c. 107, ss. 6-8. P.L., 1915, c. 113. P.L., 1917, c. 140, s. 7. P.L., 1923, c. 236. P.L., 1925, c. 50. P.L., 1927, c. 122, ss. 2-5, 30. P.L., 1933, cc. 214; 544, ss. 1-8. P.L., 1935, c. 52. P.L., 1937, c. 407, ss. 3, 5, 7, 14. P.L., 1939, c. 387. P.L., 1941, c. 36, ss. 1, 3. S.L., 1943, c. 787. S.L., 1945, c. 527; Resolution 39. S.L., 1947, cc. 1006, ss. 5-9; 1067, ss. 2-6. S.L., 1949, c. 164, ss. 1-2. S.L., 1953, c. 1300. S.L., 1955, c. 1243. S.L., 1957, c. 682, s. 1. S.L., 1959, c. 1242. S.L., 1971, c. 864, s. 13. S.L., 1975, c. 716. S.L., 1983, cc. 223, 629. S.L., 1985, c. 764. S.L., 1989, c. 771. S.L., 1991, cc. 53, 478. G.S. 20-1 through 20-397 [1992]. Office of the Secretary of State. NORTH CAROLINA MANUAL, 1989-1990. Edited by John L. Cheney, Jr. Raleigh, 1990. P. 648. |
