19A NCAC 03G .0204      DEFINITIONS OF WORDS AND PHRASES

The following words and phrases when used in the rules set out in this Section shall, for the purposes of the rules set out in this Section, have the meanings respectively prescribed to them, except in those instances where the context clearly indicates a different meaning:

(1)           Conviction‑‑A conviction upon a plea of guilty, or of nolo contendere; or the determination of guilt by a jury or by a court though no sentence has been imposed or, if imposed, has been suspended, and it includes a forfeiture of bail or collateral deposited to secure appearance in court of the defendant, unless the forfeiture has been vacated, and shall include prayer for judgment continued.

(2)           Driver Education Specialist or representative‑‑An employee of the Division of Motor Vehicles whose job title it is and whose primary responsibility is the training and certification of school bus drivers.

(3)           Driving Privilege‑‑The privilege to operate a motor vehicle upon the highways of this state as evidenced by a Class A, B, or C driver license issued by the Driver License Section of the North Carolina Division of Motor Vehicles.

(4)           Moving violation‑‑Any violation of the motor vehicle laws of this state, except:

(a)           Those offenses for which no points may be assessed under the point system specifically set forth in General Statutes 20‑16(c);

(b)           Those equipment violations specified in Part 9 of Article 3 of Chapter 20 of the General Statutes.

(5)           Proximate Cause of an Accident‑‑Any violation of the motor vehicle laws of this state which contributed directly to an accident. Some violations not involving actual physical driving actions shall not be considered proximate causes although they may be assessed points under the point system specifically set forth in General Statutes 20‑16(c), including but not limited to:

(a)           No driver's license;

(b)           No liability insurance;

(c)           Failure to report an accident;

(d)           No motorcycle endorsement; and

(e)           Other offenses of a like character not involving some actual physical driving action.

(6)           School Bus‑‑Any vehicle, of whatever size and passenger capacity, whose primary and designated purpose is the transportation of school students over an established route to and from school for the regularly scheduled school day and which is equipped with alternately flashing red lights on the front and rear and a mechanical stop signal and which bears the words "School Bus" on the front and rear in letters not less than eight inches in height.

(7)           School Bus and Traffic Safety Section‑‑That section of the North Carolina Division of Motor Vehicles whose primary responsibility is the training and certification of school bus drivers.

(8)           Training Course for School Bus Drivers‑‑The course of study developed by the North Carolina Division of Motor Vehicles which sets forth the rules and laws governing school bus drivers and school bus operation as prescribed by the Division of Motor Vehicles and the State Board of Education.

History Note:        Authority G.S. 20‑39(b); 20‑218;

Eff. April 1, 1989;

Amended Eff. December 1, 1993;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 22, 2018.