January 17, 1978
Subject:
Motor Vehicles; Chauffeur’s License; City-Owned Recreation Vehicle
Requested By:
Mr. Luther J. Britt, Jr. City Attorney Lumberton, N.C.
Question:
Are employees of the Lumberton Recreation Department required to hold a chauffeur’s license to operate a 12 passenger van operated by the Recreation Department in its recreation program?
Conclusion:
Yes.
G.S. 20-4.01(3) reads as follows:
"§ 20-4.01, Definitiions. – Unless the context otherwise requires, the following words and phrases, for the purpose of this Chapter, shall have the following meanings: . . .
(3) Chauffeur. — Every person who is employed by another for the principal purpose of driving a motor vehicle and every person who drives any motor vehicle when in use for the transportation of persons or property for compensation and the driver, other than the owner of a private hauler, of any property-hauling vehicle or combination of vehicles licensed for more than 30,000 pounds gross weight and the driver of any passenger-carrying vehicle of over nine-passenger capacity except the driver of a church bus, farm bus, school bus, or an activity bus for a nonprofit organization when such bus is being operated for a nonprofit purpose, who holds a valid operator’s license. Those under 20 years of age must be certified and licensed to operate a North Carolina school bus."
The employees of the City of Lumberton do not fall within the exceptions of the above section of the statutes as the City of Lumberton is not a nonprofit organization.
Rufus L. Edmisten Attorney General
William W. Melvin Deputy Attorney General