Did the 1997 NC law tying teen drivers' licenses to school enrollment and progress apply to teens who already had their licenses before the law took effect?
Plain-English summary
NC passed the Driver Eligibility Certificate Act in 1997 to tie teen driving privileges to school enrollment and academic progress. To get or keep a permit or license, a driver under 18 who lacked a high school diploma had to have a "driving eligibility certificate" issued by a school principal (or comparable authority for nonpublic, home, charter, or community college students). G.S. 20-11(n) set the certificate's requirements; G.S. 20-13.2(c1) required DMV to revoke the license of any under-18 driver whose school notified DMV that the driver "no longer meets the requirements" for a certificate.
The Act had a phased effective date that created three groups of teen drivers, and the AG was asked how each group should be treated.
Senior Deputy AG Reginald Watkins and Special Deputies Hal Askins and Thomas Ziko analyzed the statute against canonical NC rules of construction (intent of the legislature controls; ordinary meaning of words; Sutton v. Aetna, Savings and Loan League v. Credit Union Comm., Food Town Stores v. City of Salisbury). The three groups:
Group A: Drivers with privileges before December 1, 1997. Section 10 of the Act expressly exempts them. They do not need a certificate. They are not subject to the revocation procedure in Section 2 (G.S. 20-13.2). Even if they later transgress, the school cannot trigger DMV revocation under this Act.
Group C: Drivers who first received any driving privilege after July 31, 1998. They are fully covered. They must present a valid certificate to receive a permit or license, and their privileges remain subject to revocation under G.S. 20-13.2(c1) until they turn 18.
Group B: Drivers with privileges first issued between December 1, 1997 and August 1, 1998. The transitional group. They are not exempt under Section 10 (which only covers pre-12/1/97), but they could not have obtained a certificate because Sections 1 and 2 of the Act did not take effect until August 1, 1998. The AG read G.S. 20-13.2(c1) by its terms. The statute requires revocation when a school notifies DMV that a driver "no longer" meets the certificate requirements. The word "no longer" implies the driver's privileges were initially conditioned on meeting those requirements. Group B drivers never had to meet certificate requirements when they got their privileges, so they cannot "no longer" meet them. Result: LEAs should NOT enter data into the DMV computer system to trigger revocation of Group B drivers' privileges.
Group B drivers can move to Group C. The opinion adds a wrinkle. A Group B driver is exempt from revocation only as long as he holds the same driving privilege. If he later changes status (upgrades from permit to license, for instance, or applies for a different category of permit), he must present a certificate for the new privilege. Once he does, he moves from Group B to Group C and becomes subject to the revocation procedure for the remainder of his under-18 driving years.
The practical guidance: LEAs administer the revocation system through a DMV-provided access code that lets schools enter driver data directly into DMV's computer. The revocation notice is system-generated and mailed by DMV. Appeals go back to the LEA that entered the data. LEAs must filter their input to exclude Group A and unchanged Group B drivers.
Currency note
This opinion was issued in 1999. 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.
The Driver Eligibility Certificate Act has been amended multiple times since 1999. The original Group A / Group B / Group C framework is now mostly historical (every driver in the original groups is well past 18). The certificate concept survives in current G.S. 20-11(n), but the categories, enforcement procedures, and appeal routes have all been refined. Anyone working with current dropout-prevention licensing should pull the current text of Chapter 20 and the State Board of Education rules implementing it.
Common questions
Q: What is a "driving eligibility certificate"?
A: A form signed by the appropriate school official (public school principal, nonpublic school administrator, home school instructor, charter school designee, or community college president) attesting that the under-18 driver either (a) is making progress toward a diploma, (b) would suffer substantial hardship without driving privileges, or (c) cannot make progress toward a diploma. The certificate is dated within 30 days of the license application.
Q: How does revocation actually work?
A: An LEA identifies under-18 drivers who fail certificate requirements (typically through dropout reporting, suspension records, or absenteeism tracking). Using a DMV-provided access code, the LEA enters the student's information into DMV's computer. DMV's system generates a revocation notice and mails it.
Q: What's the appeal route?
A: Per Section 2 of the Act and the statutory cross-references (G.S. 115C-12(27), 115D-5(a3), 115C-566), appeals go through the LEA's own rules and procedures, not through DMV. The statute specifically forecloses Chapter 20 appeals.
Q: Why did the AG treat "no longer" as load-bearing?
A: Because the word implies that the driver's privileges were originally conditional on the certificate. For Group B, the privileges weren't conditional, so "no longer" doesn't fit. The AG used this textual hook to read in a grandfather rule that Section 10 had only partially articulated.
Q: What triggers movement from Group B to Group C?
A: Any "change in driving status" requiring a new certificate. The opinion mentions upgrade from learner's permit to provisional license to full license. Each is a new privilege requiring a certificate, and obtaining the new privilege moves the driver into Group C for the rest of his under-18 years.
Q: What if a Group A driver loses his license for a non-school reason?
A: He stays in Group A regardless. The Act doesn't draw a re-entry tripwire. If he reapplies for licensure after a DUI revocation, for example, the Act's certificate requirement still doesn't attach to him as long as he was in Group A originally.
Background and statutory framework
NC enacted the Driver Eligibility Certificate Act as part of a broader 1997 push to reduce high-school dropouts. The theory was simple: driving privileges are highly motivating for teens, so conditioning those privileges on school engagement should improve attendance, behavior, and completion rates.
The Act had two implementing pieces:
- Section 1 added G.S. 20-11(n), establishing the certificate as a precondition to obtaining a permit or license.
- Section 2 added G.S. 20-13.2(c1), requiring DMV to revoke the license of an under-18 driver if a school notified DMV that the driver "no longer" met the certificate requirements.
Sections 1 and 2 had a delayed effective date of August 1, 1998. Section 10 exempted drivers who held a learner's permit, limited learner's permit, or provisional license before December 1, 1997. That left a 7-month window (December 1, 1997 to August 1, 1998) creating "Group B," whose statutory treatment the legislature did not address explicitly.
The opinion's textual move (reading "no longer" to require initial conditional issuance) was a sensible grandfather rule consistent with general principles of fair notice and reliance. Teens who got their permits in early 1998 had no idea they'd later be subject to certificate revocation, because the certificate concept did not yet legally exist when they applied. Reading the revocation statute to reach them retroactively would have raised due process concerns.
The Act has been amended multiple times since 1999. The categories Group A/B/C are now anachronistic (everyone in the original groups is in their 40s), but the certificate concept itself remains in NC law as a dropout-prevention tool.
Citations
- N.C. Gen. Stat. § 20-11(n) (driving eligibility certificate requirements)
- N.C. Gen. Stat. § 20-13.2(c1) (DMV revocation upon school notification)
- N.C. Gen. Stat. §§ 115C-12(27), 115D-5(a3), 115C-566 (appeal rule sources)
- Sutton v. Aetna Casualty and Surety Co., 325 N.C. 259, 280 S.E.2d 759 (1989) (intent of legislature controls)
- Savings and Loan League v. Credit Union Comm., 302 N.C. 458, 276 S.E.2d 404 (1981) (best indicia of legislative intention)
- Food Town Stores v. City of Salisbury, 300 N.C. 21, 265 S.E.2d 123 (1980) (ordinary meaning of words)
Source
Original opinion text
[The opinion analyzes how the 1997 Driver Eligibility Certificate Act applies to teen drivers in three statutory groups defined by the effective date provisions. Excerpt of the body as preserved in the Sofya conversion:]
The applicable statute, G.S. § 20-11(n), required driving eligibility certificates demonstrating one of three conditions:
- (1) A high school diploma or its equivalent.
- (2) A driving eligibility certificate as required under G.S. 20-11(n).
Notwithstanding any other law, the decision concerning whether a driving eligibility certificate was properly issued or improperly denied shall be appealed only as provided under the rules adopted in accordance with G.S. 115C-12(27), G.S. 115D-5(a3), or G.S. 115C-566, whichever is applicable, and may not be appealed under this Chapter [20 of the General Statutes].
G.S. § 20-11(n), referred to in Section 2 of the Act, was included in Section 1 of the Act. Section 1 provides:
Driving Eligibility Certificate.–A person who desires to obtain a permit or license issued under this section and who does not have a high school diploma or its equivalent must have a driving eligibility certificate. A driving eligibility certificate must meet the following conditions:
- (1) The person who is required to sign the certificate under subdivision (4) of this subsection must show that he or she has determined that one of the following requirements is met:
- a. The person is currently enrolled in school and is making progress toward obtaining a high school diploma or its equivalent.
- b. A substantial hardship would be placed on the person or the person's family if the person does not receive a certificate.
- c. The person cannot make progress toward obtaining a high school diploma or its equivalent.
- (2) It must be on a form approved by the Division.
- (3) It must be dated within 30 days of the date the person applies for a permit or license issuable under this section.
- (4) It must be signed by the applicable person named below:
- a. The principal, or the principal's designee, of the public school in which the person is enrolled.
- b. The administrator, or the administrator's designee, of the nonpublic school in which the person is enrolled.
- c. The person who provides the academic instruction in the home school in which the person is enrolled.
- d. The designee of the board of directors of the charter school in which the person is enrolled.
- e. The president, or the president's designee, of the community college in which the person is enrolled.
The effective dates for the Act were set out in Section 10 which provides:
Sections 1 and 2 of this act become effective August 1, 1998. The remainder of this act is effective when it becomes law. Sections 1 and 2 of this act do not apply to any person who holds a valid North Carolina limited learner's permit issued before December 1, 1997, who holds a valid North Carolina learner's permit issued before December 1, 1997, or who is a provisional licensee and holds a valid North Carolina drivers license issued before December 1, 1997.
It is our understanding that no funds were allocated to the affected governmental agencies to implement this legislation. In practice, the local education administrative units (LEAs) are primarily responsible for administering the revocation process. First, an LEA identifies those students who fail to meet the statutory requirements for continued driving privileges. Utilizing an access code provided by DMV, the LEA then enters the pertinent information directly into DMV's computer records. The computer then generates a notice of revocation of driving privileges and DMV mails the notice to the affected student. Any appeal from the revocation lies to the LEA that entered the information in the DMV records.
As you note in your letter, the effective dates of the Act created three distinct groups of drivers under the age of 18:
| Group A: | Drivers who received driving privileges before December 1, 1997; |
| Group B: | Drivers who received driving privileges after November 30, 1997 but before August 1, 1998; and |
| Group C: | Drivers who receive driving privileges after July 31, 1998. |
You have asked for this office's opinion as to how the Act is to be applied to each of these groups.
The cardinal rule of statutory construction is that legislation must be construed to accomplish the General Assembly's intent. Sutton v. Aetna Casualty and Surety Co., 325 N.C. 259, 265, 280 S.E.2d 759 (1989). The best indicia of legislative intention are the language of the statute, its spirit and purpose. Savings and Loan League v. Credit Union Comm., 302 N.C. 458, 276 S.E.2d 404 (1981). When interpreting statutes, the words in the statute are to be given their ordinary meaning unless the General Assembly has specifically defined them or they have an acquired technical meaning. Food Town Stores v. City of Salisbury, 300 N.C. 21, 265 S.E.2d 123 (1980).
Applying those rules to your inquiry, one can plainly discern the legislative intent with regard to Group A and Group C. Section 10 specifically states that Group A, i.e., persons under 18 years of age who held a valid driving privilege, whether a limited learner's permit, a learner's permit or a license, issued before December 1, 1997, are not required to secure driver eligibility certificates under Section 1 of the Act and are not subject to revocation of their present or future driving privileges under Section 2 of the Act, G.S. § 20-13.2. It is equally clear that under Section 10 of the Act Group C, i.e., persons under 18 years of age who had no driving privileges before August 1, 1998, must present a valid driver eligibility certificate before they can receive any driving privilege and that privilege and any subsequent privilege is subject to revocation under Section 2 of the Act, G.S. § 20-13.2(c1), until they reach the age of 18.
The legislative intent regarding the applicability of the Act to Group B is less clear. Unlike drivers who received driving privileges before December 1, 1997, they are not exempt under Section 10 of the Act. However, the driver eligibility requirement established in Section 1 of the Act could not apply to Group B drivers because they received their driving privileges prior to the August 1, 1998, effective date of the Act. Therefore, the question is: Did the General Assembly intend to require DMV to revoke the licenses of drivers who were not required to present a driver eligibility certificate in order to receive their driving privileges?
G.S. § 20-13.2(c1) states in pertinent part that, "[t]he Division must revoke the permit or license of a person under the age of 18 if the proper school authority notifies the Division that the person no longer meets the requirements for a driving eligibility certificate under G.S. 20-11(n)." (Emphasis added). The requirement to revoke the licenses of persons who "no longer" meet the requirements for a driving eligibility certificate implies that the person's receipt of those privileges was initially conditioned on meeting those requirements. Therefore, it is our opinion that the legislature did not intend LEAs to notify DMV to revoke the driving privileges of Group B drivers who have not had a change in driving privilege status after July 31, 1998. Consequently, LEAs should not enter data regarding such drivers into the DMV computer system.
This does not mean, however, that Group B drivers are forever exempt from G.S. § 20-13.2(c1). If a person in Group B has a change in driving status after July 31, 1998, he must present a driver eligibility certificate to DMV in order to receive the new driving privilege. When a Group B driver receives a driving privilege that is dependent on a driver eligibility certificate, he moves from Group B to Group C. Thereafter, as long as he is under 18 years of age, his privilege may be revoked under G.S. § 20-13.2(c1) if he "no longer meets the requirements for a driving eligibility certificate."
Very truly yours,
Reginald L. Watkins
Senior Deputy Attorney General
Hal Askins
Special Deputy Attorney General
Thomas J. Ziko
Special Deputy Attorney General
cc: Janice Faulkner
Brad Sneeden
June Atkinson
Artie Kayima
Allison Schafer