Can a parent take their teenager's driver's license to the DMV and have it cancelled, or does the teenager have to agree?
Plain-English summary
NC General Assembly Staff Counsel Linwood Jones asked the AG whether DMV had statutory authority for a policy requiring a minor's consent when a parent, step-parent, or guardian tried to surrender the minor's driver's license. He also asked whether the DMV policy could override the common-law authority of a parent or guardian to control an unemancipated minor's affairs.
Senior Deputy AG Reginald L. Watkins and Assistant AG Bryan E. Beatty answered that DMV's policy was correct. Chapter 20, Article 2 of the General Statutes (the Uniform Driver's License Act) vested exclusive authority in DMV to issue, suspend, and revoke driver's licenses; the NC Supreme Court had affirmed that in Harrell v. Scheidt, 243 N.C. 735 (1956). The license itself was, in the Court's words from Gibson v. Scheidt, 259 N.C. 339 (1963), "a privilege in the nature of a right of which the licensee may not be deprived save in the manner and upon the conditions prescribed by statute."
No NC statute provided for voluntary surrender of an unrevoked, unsuspended, uncancelled license. DMV nonetheless accepted voluntary surrenders by policy. In 1992 alone, 1,244 drivers surrendered their licenses, often for insurance reasons. DMV's published policy in the Driver License Examiner Manual (Code 83) required, for provisional licensees (drivers under 18, as defined in G.S. § 20-4.01(31a)): the parent or guardian and the licensee both signed DL-43 at the driver license office. The form provided that "Parents or guardians are not allowed to surrender the license of provisional licensees for cancellation unless the licensee appears and signs the form."
The AG read that two-signature requirement as patterned on G.S. § 20-11(a), which required both the minor and a parent (or guardian, spouse, employer, or other responsible adult) to sign the original application. The AG concluded that the symmetry was sound. Without the minor's consent, DMV had no statutory authority to invalidate the license. The opinion was careful to distinguish that conclusion from parental authority generally: parents retained the right to prohibit their minor children from driving, even when the children held licenses, but DMV could not be enlisted as the enforcement arm for a unilateral parental decision to cancel.
Currency note
This opinion was issued in 1994. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here. NC adopted a graduated driver's license (GDL) system in 1997 with substantial revisions to Chapter 20 governing provisional licenses; the relevant restrictions, parental-consent rules, and surrender mechanisms may differ today from the 1994 framework described here. Check the current text of G.S. § 20-11 and the current Driver License Examiner Manual before relying on any specific procedural detail.
Background and statutory framework
NC delegates the entire licensing function for motor vehicle operation to DMV. G.S. § 20-39(a) authorizes the Commissioner of Motor Vehicles to "administer and enforce all laws regulating the operation of vehicles or the use of the highways." G.S. § 20-11 governs minor licensing specifically. As of 1994, the key provision read: "The Division shall not grant the application of any minor between the ages of 16 and 18 years for a driver's license or a learner's permit unless such application is signed both by the applicant and by the parent, guardian, husband, wife or employer of the applicant."
That two-signature scheme on the way in was the analytical anchor for the AG's reading of the surrender process on the way out. The opinion treated the parental signature on the original application as a co-signing role (assumption of liability and consent to the minor's driving privilege), not a substitution for the minor's own consent. By the same logic, the parental signature on the surrender form was a co-signing role, not a substitution for the minor's consent to give up the license.
The opinion noted that DMV's voluntary-surrender practice was a policy accommodation, not a statutory program. The statutes contemplated DMV invalidating a license only through revocation, suspension, or cancellation, all of which had statutory triggers. Voluntary surrender existed only because DMV agreed to accept a driver's own decision to give up the privilege. Without the driver's consent, the policy disappeared and no statutory authority filled the gap.
Common questions
Did a parent have any other way to stop a minor from driving?
Yes. The AG was explicit: parents retained "the right to prohibit their minor children from driving a vehicle, even when the children have drivers' licenses." That control was a matter of parental authority over the child, not of DMV record-keeping. A parent could refuse to let the child drive a family car, refuse to let the child drive at all, ground the child, and so on. What the parent could not do was reach into DMV and have the license itself invalidated without the child's signature.
Did the parent's original signature on the application still matter?
Yes. The parental signature on the G.S. § 20-11(a) application historically carried liability and consent significance. The 1994 opinion did not unwind that signature; it just held that the same parent could not later reach back and revoke the license without the minor's participation.
What if the minor was on the road and the parent feared a crash?
The opinion does not address emergency revocation by a parent. The mechanism a parent had access to was a direct prohibition on driving (which the child might or might not respect) plus, if necessary, a request to DMV under whichever statutory ground for suspension or revocation might apply (medical incapacity, traffic violations, etc.). None of those grounds let a parent alone trigger cancellation; they all required a statutory predicate.
Why was voluntary surrender used so often (1,244 surrenders in 1992)?
The opinion identified insurance reasons as the primary driver. A licensed-but-not-driving minor still affected the family's insurance rate. Voluntarily surrendering the license was a way to formalize the not-driving status and reduce premiums. The opinion does not address whether all those 1,244 surrenders involved minors or whether DMV tracked the breakdown.
Was DMV's process for restoring a surrendered license easy or hard?
Easy. The opinion described the restoration procedure in detail: if the client was still under 18, both client and parent or guardian signed Form DL-43A. If the license was still valid, no tests were required and a duplicate was issued for $10. No restoration fee applied because the license was not cancelled "pursuant to the provisions of Chapter 20." The voluntary-surrender pathway was designed to be reversible, which made sense given that it was a policy accommodation rather than a statutory revocation.
Source
Citations
- N.C. Gen. Stat. § 20-4.01(31a)
- N.C. Gen. Stat. § 20-11
- N.C. Gen. Stat. § 20-11(a)
- N.C. Gen. Stat. § 20-39(a)
- Harrell v. Scheidt, Comm'r. of Motor Vehicles, 243 N.C. 735, 92 S.E.2d 182 (1956)
- Gibson v. Scheidt, Comm'r. of Motor Vehicles, 259 N.C. 339, 130 S.E.2d 679 (1963)
Original opinion text
February 7, 1994
Mr. Linwood Jones
Staff Counsel
North Carolina General Assembly
Legislative Office Building
300 N. Salisbury Street
Raleigh, N. C. 27603-5925
RE: Advisory Opinion; Policy of the North Carolina Division of Motor Vehicles Regarding the Voluntary Surrender of Driver's License By Minors; N.C.G.S. 20-11(a).
Dear Mr. Jones:
We are writing in response to your request for an an opinion from our office regarding the policy of the North Carolina Division of Motor Vehicles (DMV) which requires a minor's consent when his or her parent, step-parent or guardian attempts to surrender the minor's driver's license to DMV. You question the statutory authority for the policy. You also ask whether the statutory authority overrides any statutory or common law powers of a parent, step-parent, guardian or other person serving in loco parentis, to control the affairs of an unemancipated minor.
North Carolina General Statutes, Chapter 20, Article 2, the Uniform Driver's License Act, vests exclusive authority in DMV to issue, suspend and revoke drivers' licenses. Harrell v. Scheidt, Comm'r. of Motor Vehicles, 243 N.C. 735, 92 S.E.2d 182 (1956). The Commissioner of Motor Vehicles is statutorily authorized to administer and enforce all laws regulating the operation of vehicles or the use of the highways. G.S. 20-39(a). The issuance of drivers' licenses to minors is governed by G.S. 20-11. That section provides in pertinent part that:
(a) The Division shall not grant the application of any minor between the ages of 16 and 18 years for a driver's license or a learner's permit unless such application is signed both by the applicant and by the parent, guardian, husband, wife or employer of the applicant, or, if the applicant has no parent, guardian, husband, wife or employer residing in this State, by some other responsible adult person. . . .
The North Carolina Supreme Court has described a license to operate a motor vehicle in this state as "a privilege in the nature of a right of which the licensee may not be deprived save in the manner and upon the conditions prescribed by statute." Gibson v. Scheidt, Comm'r. of Motor Vehicles, 259 N.C. 339, 343, 130 S.E.2d 679, 683 (1963).
There is no statute which provides for the voluntary surrender of a driver's license which has not been revoked, suspended or cancelled by DMV. However, DMV statistics show that 1,244 drivers voluntarily surrendered their licenses in 1992, often for insurance reasons. As a matter of policy, DMV accepts these licenses and enters the voluntary surrender on the driver's record. The license is destroyed and is no longer valid. Without the consent of the driver, DMV would have no legal authority to invalidate the license. This action does not affect the driver's eligibility to reapply for a license at any time thereafter, assuming the person's driving privilege has not been revoked, suspended or cancelled for some other reason.
The DMV policy on voluntary surrender of a driver's license by a provisional licensee (defined in G.S. 20-4.01(31a) as a person under the age of 18 years) is found on page 15-2 of the Driver License Examiner Manual. It reads as follows:
Code 83 – Voluntary Surrender for Provisional Licensee –
a. Parent or guardian and licensee are required to sign DL-43 at the driver license office.
b. Examiner should request identification from parent or guardian.
c. Form DL-43 should reflect signature of witnesses, if practical. The receiving Examiner may serve as one (1) witness. DO NOT GIVE A COPY OF THE DL-43 TO CLIENT.
d. The license should be destroyed by the examiner.
e. Please be certain to complete the bottom section of the form, indicating date and name of the Driver License Examiner who accepted the license for cancellation.
f. Parents or guardians are not allowed to surrender the license of provisional licensees for cancellation unless the licensee appears and signs the form; however, if both parents or guardian and licensee are not present at the same time, either may sign and the form retained until the second party appears and signs the form. . . .
Procedure for reinstatement of driving privilege for provisional licensees following voluntary surrender or cancellation.
a. If the client is under 18 years of age at the time of application for reinstatement, Form DL-43A must be signed by both client and parent or guardian and completed in the normal manner.
b. If the license is still valid, no tests are required and a duplicate license may be issued for a fee of ten dollars ($10.00).
c. Proper identification must be presented by both client and parent or guardian.
d. Proof of liability insurance will not be required for the duplicate license unless factors other than code [sic] 83 are involved.
e. Certification of completion of driver education will not be required in cases of provisional licensees, as this would have been previously submitted.
f. A restoration fee will not be required as the license was not cancelled pursuant to the provisions of Chapter 20.
This policy requires that both the minor and a parent or guardian sign the Voluntary Surrender Form (DL-43) and is patterned after G.S. 20-11(a) which requires both parties to sign the application for issuance of the license. Without the consent of the minor licensee, DMV has no legal authority to invalidate the license. This policy does not conflict with the legal right of parents to control and raise their minor children. Parents have the right to prohibit their minor children from driving a vehicle, even when the children have drivers' licenses. However, as shown above, under the Uniform Drivers License Act, DMV is granted exclusive authority to issue or deny a driver's license. Once a license has been issued to a minor by DMV pursuant to G.S. 20-11(a), DMV can deprive that minor of a license only as provided by statute. Notably, the statutes do not specifically authorize DMV to invalidate a validly issued license at the request of a parent without the minor's consent.
Reginald L. Watkins
Senior Deputy Attorney General
Bryan E. Beatty
Assistant Attorney General