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There is no statute which provides for the voluntary surrender of a driver’s license which has not been revoked, suspended or cancelled by DMV.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