Reciprocal Provisions as to Arrest of Nonresidents.
§ 20‑4.18. Definitions.
Unless the context otherwise requires, the following words and phrases, for the purpose of this Article, shall have the following meanings:
(1) Citation. – Any citation, summons, ticket, or other document issued by a law‑enforcement officer for the violation of a traffic law, ordinance, rule or regulation.
(2) Collateral or Bond. – Any cash or other security deposited to secure an appearance following a citation by a law‑enforcement officer.
(3) Repealed by Session Laws 1979, c. 667, s. 2.
(4) Nonresident. – A person who holds a license issued by a reciprocating state.
(5) Personal Recognizance. – An agreement by a nonresident to comply with the terms of the citation issued to the nonresident.
(6) Reciprocating State. – Any state or other jurisdiction which extends by its laws to residents of North Carolina substantially the rights and privileges provided by this Article.
(7) State. – The State of North Carolina. (1973, c. 736; 1979, c. 667, s. 2; 1981, c. 508; 1999‑452, s. 6.)
§ 20‑4.19. Issuance of citation to nonresident; officer to report noncompliance.
(a) Notwithstanding other provisions of this Chapter, a law‑enforcement officer observing a violation of this Chapter or other traffic regulation by a nonresident shall issue a citation as appropriate and shall not, subject to the provisions of subsection (b) of this section, require such nonresident to post collateral or bond to secure appearance for trial, but shall accept such nonresident's personal recognizance; provided, however, that the nonresident shall have the right upon request to post collateral or bond in a manner provided by law and in such case the provisions of this Article shall not apply.
(b) A nonresident may be required to post collateral or bond to secure appearance for trial if the offense is one which would result in the suspension or revocation of a person's license under the laws of this State.
(c) Upon the failure of the nonresident to comply with the citation, the clerk of court shall report the noncompliance to the Division. The report of noncompliance shall clearly identify the nonresident; describe the violation, specifying the section of the statute, code, or ordinance violated; indicate the location and date of offense; and identify the vehicle involved. (1973, c. 736; 1975, c. 716, s. 5; 1991, c. 682, s. 1; 1999‑452, s. 7.)
§ 20‑4.20. Division to transmit report to reciprocating state; suspension of license for noncompliance with citation issued by reciprocating state.
(a) Upon receipt of a report of noncompliance, the Division shall transmit a certified copy of such report to the official in charge of the issuance of licenses in the reciprocating state in which the nonresident resides or by which he is licensed.
(b) When the licensing authority of a reciprocating state reports that a person holding a North Carolina license has failed to comply with a citation issued in such state, the Commissioner shall forthwith suspend such person's license. The order of suspension shall indicate the reason for the order, and shall notify the person that his license shall remain suspended until he has furnished evidence satisfactory to the Commissioner that he has complied with the terms of the citation which was the basis for the suspension order by appearing before the tribunal to which he was cited and complying with any order entered by said tribunal.
(c) A copy of any suspension order issued hereunder may be furnished to the licensing authority of the reciprocating state.
(d) The Commissioner shall maintain a current listing of reciprocating states hereunder. Such lists shall from time to time be disseminated among the appropriate departments, divisions, bureaus, and agencies of this State; the principal law‑enforcement officers of the several counties, cities, and towns of this State; and the licensing authorities in reciprocating states.
(e) The Commissioner shall have the authority to execute or make agreements, arrangements, or declarations to carry out the provisions of this Article. (1973, c. 736; 1975, c. 716, s. 5; 1979, c. 104.)