NC
North Carolina House Bill H982

North Carolina 2025-2026 Regular Session

North Carolina House Bill H982 Compare Versions

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11 GENERAL ASSEMBLY OF NORTH CAROLINA
22 SESSION 2025
3-H 1
4-HOUSE BILL 982
3+H D
4+HOUSE BILL DRH10306-NEfa-94
5+
56
67
78 Short Title: NC Highway Safety Act of 2025. (Public)
8-Sponsors: Representatives Cervania and Budd (Primary Sponsors).
9-For a complete list of sponsors, refer to the North Carolina General Assembly web site.
10-Referred to: Rules, Calendar, and Operations of the House
11-April 14, 2025
12-*H982 -v-1*
9+Sponsors: Representative Cervania.
10+Referred to:
11+
12+*DRH10306 -NEfa-94*
1313 A BILL TO BE ENTITLED 1
1414 AN ACT TO ESTABLISH A PILOT PROGRAM TO IMPROVE PUBLIC SAFETY BY 2
1515 AUTHORIZING THE USE OF ELECTRONIC SPEED -MEASURING SYSTEMS BY THE 3
1616 DEPARTMENT OF TRANSPORTATION TO DETECT SPEED LIMIT VIOLATIONS IN 4
1717 HIGHWAY WORK ZONES; TO ESTABLISH STANDARDS FOR THE APPROVAL, 5
1818 USE, AND CALIBRATION OF ELECTRONIC SPEED -MEASURING SYSTEMS; TO 6
1919 ESTABLISH A CIVIL PENALTY FOR SPEED VIOLATIONS IN HIGHWAY WORK 7
2020 ZONES THAT ARE DETECTED BY THOSE SYSTEMS; TO CREATE A NEW SPECIAL 8
2121 FUND WITHIN THE STATE CIVIL PENALTY AND FORFEITURE FUND; AND TO 9
2222 PROVIDE FOR THE PAYMENT OF THE PENALTIES INTO THE DESIGNATED 10
2323 SPECIAL FUND. 11
2424 The General Assembly of North Carolina enacts: 12
2525 SECTION 1. Article 3 of Chapter 20 of the General Statutes is amended by adding 13
2626 a new section to read: 14
2727 "§ 20-141.7. Use of electronic speed-measuring systems to detect speed limit violations in 15
2828 highway work zones. 16
2929 (a) Authorization. – Electronic speed-measuring systems may be used to detect violations 17
3030 of the speed limit set by G.S. 20-141(j2) for State-maintained highways in work zones. 18
3131 (b) Definition. – As used in this section, an electronic speed-measuring system is a mobile 19
3232 or fixed device (i) consisting of an automated traffic camera and sensor and (ii) capable of 20
3333 measuring the speed and producing one or more digital photographs of a motor vehicle violating 21
3434 a speed limit set by G.S. 20-141(j2). 22
3535 (c) Minimum Standards. – An electronic speed-measuring system authorized for use by 23
3636 this section shall produce at least one photograph that clearly shows a recorded image of the 24
3737 vehicle speeding; the vehicle registration number and state of issuance; the date, time, and 25
3838 location of the violation; and the recorded speed. 26
3939 (d) Signage. – The Department of Transportation shall provide notice of the presence of 27
4040 an electronic speed-measuring system by posting a conspicuous warning sign not more than 28
4141 1,000 feet from the location of the system. All warning signs shall be consistent with a statewide 29
4242 standard adopted by the Department of Transportation. 30
4343 (e) Use. – An electronic speed-measuring system authorized for use by this section shall 31
4444 be approved by the Secretary of Transportation. No local government may operate an electronic 32
4545 speed-measuring system. 33
4646 (f) Penalty. – Except as provided by subsection (i) of this section, a violation of a speed 34
47-limit on a State-maintained highway within a zone established pursuant to G.S. 20-141(j2) that 35 General Assembly Of North Carolina Session 2025
48-Page 2 House Bill 982-First Edition
49-is detected by an electronic speed-measuring system is a noncriminal violation for which a civil 1
50-penalty shall be assessed and for which no points authorized by G.S. 20-16(c) shall be assigned 2
51-to the owner or driver of the vehicle nor insurance points as authorized by G.S. 58-36-65. The 3
52-civil penalty shall be two hundred fifty dollars ($250.00) for a violation of a speed limit on a 4
53-State-maintained highway within a work zone established pursuant to G.S. 20-141(j2). 5
54-(g) Notification of Violation. – The Department of Transportation shall issue to the 6
55-registered owner of a motor vehicle cited for a speeding violation detected by an electronic 7
56-speed-measuring system a notice of the violation containing all of the information listed in this 8
57-subsection. The notice shall be delivered by first-class United States mail at the address on the 9
58-current registration of the vehicle's owner and is deemed served on the registered owner five days 10
59-after the mailing. The notice of the violation shall contain all of the following: 11
60-(1) The recorded image of the vehicle speeding. 12
61-(2) The vehicle registration number and state of issuance. 13
62-(3) The date, time, and location of the violation. 14
63-(4) The recorded speed. 15
64-(5) The process for paying the civil penalty or contesting the owner's 16
65-responsibility for the violation. 17
66-(h) Liability. – The registered owner of a vehicle cited for a speeding violation detected 18
67-by an electronic speed-measuring system shall be responsible for any penalty imposed under this 19
68-section unless, within 30 days of service of the notification of violation, the owner provides to 20
69-the Division of Motor Vehicles a sworn affidavit containing the information listed in one of the 21
70-subdivisions of this subsection. If the registered owner fails to pay the civil penalty or fails to 22
71-respond to the notice within 30 days of service of the notification of violation, the owner waives 23
72-the right to contest responsibility for the violation and is subject to an additional civil penalty of 24
73-one hundred twenty-five dollars ($125.00). 25
74-The sworn affidavit shall contain one of the following: 26
75-(1) The name and address of the person or persons who had or may have had 27
76-actual physical control of the vehicle at the time of the violation. 28
77-(2) A statement that at the time of the violation the vehicle was under the control 29
78-of a person unknown to the owner, without the owner's permission. A 30
79-statement provided under this subdivision shall be accompanied by 31
80-documentation verifying that the owner reported to appropriate law 32
81-enforcement officials the theft or other loss of the vehicle not later than 48 33
82-hours after the time of the violation. 34
83-(i) Notification of Criminal Charges. – If a law enforcement officer cites, pursuant to 35
84-G.S. 15A-302, or arrests, pursuant to G.S. 15A-401, an owner of a vehicle in an area where an 36
85-electronic speed-measuring system is in use for detecting violations of a speed limit set pursuant 37
86-to G.S. 20-141(j2), then the officer shall notify the Department of Transportation within 48 hours 38
87-of the citation or arrest. Upon notification, the Department shall not issue a notice of violation 39
88-pursuant to subsection (g) of this section. If it is determined that a notice of violation was issued 40
89-in error after proper notification, no penalty may be imposed under this section and any penalty 41
90-already paid pursuant to the notice of violation shall be refunded. 42
91-(j) Administrative Hearings. – The Division of Motor Vehicles shall establish an 43
92-administrative nonjudicial hearing process to review challenges to penalties assessed pursuant to 44
93-this section. The hearing shall provide a full opportunity for the person charged with the violation, 45
94-if that person so requests, to present evidence and contest the violation. 46
95-(k) Appeal. – A person dissatisfied with the decision of the Division of Motor Vehicles 47
96-may appeal the decision to the district court of the county in which the violation occurred by 48
97-filing a notice of the appeal with the clerk of superior court in the county where the violation 49
98-occurred within 30 days of notification of a final decision by the Division. An appeal under this 50
99-section is for a trial de novo before the district court. An appeal under this section is a civil action 51 General Assembly Of North Carolina Session 2025
100-House Bill 982-First Edition Page 3
101-but may be heard in either a civil or criminal session of court. The Attorney General shall 1
102-represent the State in the appeal unless otherwise agreed upon by the Attorney General and the 2
103-district attorney in the county where the violation occurred. The district court's determination 3
104-shall be based upon a preponderance of the evidence. An appeal of the district court's 4
105-determination shall be to the Court of Appeals." 5
106-SECTION 2. Article 7D of Chapter 8 of the General Statutes is amended by adding 6
107-a new section to read: 7
108-"§ 8-54.1. Results of electronic speed-measuring systems; admissibility. 8
109-(a) Admissibility. – The results of the use of an electronic speed-measuring system 9
110-satisfying the requirements of subsection (b) of this section and authorized by G.S. 20-141.7 shall 10
111-be admissible as prima facie evidence for the purpose of establishing the speed of the vehicle 11
112-detected. 12
113-(b) Calibration and Testing. – All electronic speed-measuring systems shall be calibrated 13
114-and tested at regular intervals pursuant to standards established by the Department of 14
115-Transportation. A written certificate by a certified technician meeting the standards established 15
116-by the Department of Transportation showing that a test was made within the required testing 16
117-period and that the system was accurate shall be competent and prima facie evidence of those 17
118-facts. 18
119-(c) Judicial Notice. – In every proceeding in which the results of an electronic 19
120-speed-measuring system are sought to be admitted for the purpose of enforcement of 20
121-G.S. 20-141.7, notice shall be taken of the rules approving the electronic speed-measuring system 21
122-and the procedures for calibration or testing for accuracy of the system." 22
123-SECTION 3. Article 31A of Chapter 115C of the General Statutes is amended by 23
124-adding a new section to read: 24
125-"§ 115C-457.4. Civil Penalty Litigation Fund. 25
126-There is established within the Civil Penalty and Forfeiture Fund a special fund entitled the 26
127-Civil Penalty Litigation Fund to be administered by the Office of State Budget and Management. 27
128-The Civil Penalty Litigation Fund shall include seventy-five percent (75%) of civil penalties paid 28
129-pursuant to G.S. 20-141.7 and any other moneys appropriated or otherwise directed by the 29
130-General Assembly. Moneys paid into the Civil Penalty Litigation Fund shall be allocated to local 30
131-school administrative units on a per pupil basis, based on the student population for the current 31
132-school year. The moneys in this fund shall be expended in accordance with the provisions of the 32
133-State School Technology Fund pursuant to G.S. 115C-102.6D." 33
134-SECTION 4. Of the total amount collected in fines and penalties pursuant to this act, 34
135-seventy-five percent (75%) shall be paid into the Civil Penalty Litigation Fund and twenty-five 35
136-percent (25%) shall be paid to the State Public School Fund. The payments to the Civil Penalty 36
137-Litigation Fund are intended to satisfy the judgment entered on August 8, 2008, in North Carolina 37
138-School Boards Association, et al., v. Moore, et al., Wake County Superior Court, No. 38
139-98-CVS-14158. 39
140-SECTION 5. Notwithstanding G.S. 143C-5-2, there is appropriated from the 40
141-General Fund to the Office of State Budget and Management the sum of one hundred thousand 41
142-dollars ($100,000) for the 2025-2026 fiscal year in nonrecurring funds. These funds shall be 42
143-allocated to the Civil Penalty Litigation Fund to be used for implementing the pilot program 43
144-authorized by this act. 44
145-SECTION 6. For the purposes of implementing this act, the Secretary of 45
146-Transportation, or the Secretary's designee, may designate no more than 25 work zones on 46
147-State-maintained highways at one time throughout the State to pilot this program. 47
148-SECTION 7. The Secretary of Transportation shall report to the Joint Legislative 48
149-Transportation Oversight Committee, the Joint Legislative Education Oversight Committee, and 49
150-the Joint Legislative Commission on Governmental Operations on the pilot program authorized 50
151-by this act and shall include recommendations for extension, alteration, or continuance of the 51 General Assembly Of North Carolina Session 2025
152-Page 4 House Bill 982-First Edition
153-program. The report shall include the process and costs of purchasing equipment and contracting 1
154-for services necessary for implementation, the number of violations detected, the number of 2
155-violations appealed, the number and amount of penalties collected, the amount paid into the Civil 3
156-Penalty Litigation Fund, the amount paid into the State Public School Fund, the cost to the 4
157-Department of Transportation for operating the program, and any other matter that will assist in 5
158-evaluating the effectiveness of the program. The report required by this section shall be made no 6
159-later than May 1, 2026, and annually thereafter. 7
160-SECTION 8. This act becomes effective October 1, 2025, and applies to all civil 8
161-penalties assessed for speeding violations in work zones on State-maintained highways on or 9
162-after that date. This act expires October 1, 2030. 10
47+limit on a State-maintained highway within a zone established pursuant to G.S. 20-141(j2) that 35
48+is detected by an electronic speed-measuring system is a noncriminal violation for which a civil 36
49+H.B. 982
50+Apr 10, 2025
51+HOUSE PRINCIPAL CLERK General Assembly Of North Carolina Session 2025
52+Page 2 DRH10306-NEfa-94
53+penalty shall be assessed and for which no points authorized by G.S. 20-16(c) shall be assigned 1
54+to the owner or driver of the vehicle nor insurance points as authorized by G.S. 58-36-65. The 2
55+civil penalty shall be two hundred fifty dollars ($250.00) for a violation of a speed limit on a 3
56+State-maintained highway within a work zone established pursuant to G.S. 20-141(j2). 4
57+(g) Notification of Violation. – The Department of Transportation shall issue to the 5
58+registered owner of a motor vehicle cited for a speeding violation detected by an electronic 6
59+speed-measuring system a notice of the violation containing all of the information listed in this 7
60+subsection. The notice shall be delivered by first-class United States mail at the address on the 8
61+current registration of the vehicle's owner and is deemed served on the registered owner five days 9
62+after the mailing. The notice of the violation shall contain all of the following: 10
63+(1) The recorded image of the vehicle speeding. 11
64+(2) The vehicle registration number and state of issuance. 12
65+(3) The date, time, and location of the violation. 13
66+(4) The recorded speed. 14
67+(5) The process for paying the civil penalty or contesting the owner's 15
68+responsibility for the violation. 16
69+(h) Liability. – The registered owner of a vehicle cited for a speeding violation detected 17
70+by an electronic speed-measuring system shall be responsible for any penalty imposed under this 18
71+section unless, within 30 days of service of the notification of violation, the owner provides to 19
72+the Division of Motor Vehicles a sworn affidavit containing the information listed in one of the 20
73+subdivisions of this subsection. If the registered owner fails to pay the civil penalty or fails to 21
74+respond to the notice within 30 days of service of the notification of violation, the owner waives 22
75+the right to contest responsibility for the violation and is subject to an additional civil penalty of 23
76+one hundred twenty-five dollars ($125.00). 24
77+The sworn affidavit shall contain one of the following: 25
78+(1) The name and address of the person or persons who had or may have had 26
79+actual physical control of the vehicle at the time of the violation. 27
80+(2) A statement that at the time of the violation the vehicle was under the control 28
81+of a person unknown to the owner, without the owner's permission. A 29
82+statement provided under this subdivision shall be accompanied by 30
83+documentation verifying that the owner reported to appropriate law 31
84+enforcement officials the theft or other loss of the vehicle not later than 48 32
85+hours after the time of the violation. 33
86+(i) Notification of Criminal Charges. – If a law enforcement officer cites, pursuant to 34
87+G.S. 15A-302, or arrests, pursuant to G.S. 15A-401, an owner of a vehicle in an area where an 35
88+electronic speed-measuring system is in use for detecting violations of a speed limit set pursuant 36
89+to G.S. 20-141(j2), then the officer shall notify the Department of Transportation within 48 hours 37
90+of the citation or arrest. Upon notification, the Department shall not issue a notice of violation 38
91+pursuant to subsection (g) of this section. If it is determined that a notice of violation was issued 39
92+in error after proper notification, no penalty may be imposed under this section and any penalty 40
93+already paid pursuant to the notice of violation shall be refunded. 41
94+(j) Administrative Hearings. – The Division of Motor Vehicles shall establish an 42
95+administrative nonjudicial hearing process to review challenges to penalties assessed pursuant to 43
96+this section. The hearing shall provide a full opportunity for the person charged with the violation, 44
97+if that person so requests, to present evidence and contest the violation. 45
98+(k) Appeal. – A person dissatisfied with the decision of the Division of Motor Vehicles 46
99+may appeal the decision to the district court of the county in which the violation occurred by 47
100+filing a notice of the appeal with the clerk of superior court in the county where the violation 48
101+occurred within 30 days of notification of a final decision by the Division. An appeal under this 49
102+section is for a trial de novo before the district court. An appeal under this section is a civil action 50
103+but may be heard in either a civil or criminal session of court. The Attorney General shall 51 General Assembly Of North Carolina Session 2025
104+DRH10306-NEfa-94 Page 3
105+represent the State in the appeal unless otherwise agreed upon by the Attorney General and the 1
106+district attorney in the county where the violation occurred. The district court's determination 2
107+shall be based upon a preponderance of the evidence. An appeal of the district court's 3
108+determination shall be to the Court of Appeals." 4
109+SECTION 2. Article 7D of Chapter 8 of the General Statutes is amended by adding 5
110+a new section to read: 6
111+"§ 8-54.1. Results of electronic speed-measuring systems; admissibility. 7
112+(a) Admissibility. – The results of the use of an electronic speed-measuring system 8
113+satisfying the requirements of subsection (b) of this section and authorized by G.S. 20-141.7 shall 9
114+be admissible as prima facie evidence for the purpose of establishing the speed of the vehicle 10
115+detected. 11
116+(b) Calibration and Testing. – All electronic speed-measuring systems shall be calibrated 12
117+and tested at regular intervals pursuant to standards established by the Department of 13
118+Transportation. A written certificate by a certified technician meeting the standards established 14
119+by the Department of Transportation showing that a test was made within the required testing 15
120+period and that the system was accurate shall be competent and prima facie evidence of those 16
121+facts. 17
122+(c) Judicial Notice. – In every proceeding in which the results of an electronic 18
123+speed-measuring system are sought to be admitted for the purpose of enforcement of 19
124+G.S. 20-141.7, notice shall be taken of the rules approving the electronic speed-measuring system 20
125+and the procedures for calibration or testing for accuracy of the system." 21
126+SECTION 3. Article 31A of Chapter 115C of the General Statutes is amended by 22
127+adding a new section to read: 23
128+"§ 115C-457.4. Civil Penalty Litigation Fund. 24
129+There is established within the Civil Penalty and Forfeiture Fund a special fund entitled the 25
130+Civil Penalty Litigation Fund to be administered by the Office of State Budget and Management. 26
131+The Civil Penalty Litigation Fund shall include seventy-five percent (75%) of civil penalties paid 27
132+pursuant to G.S. 20-141.7 and any other moneys appropriated or otherwise directed by the 28
133+General Assembly. Moneys paid into the Civil Penalty Litigation Fund shall be allocated to local 29
134+school administrative units on a per pupil basis, based on the student population for the current 30
135+school year. The moneys in this fund shall be expended in accordance with the provisions of the 31
136+State School Technology Fund pursuant to G.S. 115C-102.6D." 32
137+SECTION 4. Of the total amount collected in fines and penalties pursuant to this act, 33
138+seventy-five percent (75%) shall be paid into the Civil Penalty Litigation Fund and twenty-five 34
139+percent (25%) shall be paid to the State Public School Fund. The payments to the Civil Penalty 35
140+Litigation Fund are intended to satisfy the judgment entered on August 8, 2008, in North Carolina 36
141+School Boards Association, et al., v. Moore, et al., Wake County Superior Court, No. 37
142+98-CVS-14158. 38
143+SECTION 5. Notwithstanding G.S. 143C-5-2, there is appropriated from the 39
144+General Fund to the Office of State Budget and Management the sum of one hundred thousand 40
145+dollars ($100,000) for the 2025-2026 fiscal year in nonrecurring funds. These funds shall be 41
146+allocated to the Civil Penalty Litigation Fund to be used for implementing the pilot program 42
147+authorized by this act. 43
148+SECTION 6. For the purposes of implementing this act, the Secretary of 44
149+Transportation, or the Secretary's designee, may designate no more than 25 work zones on 45
150+State-maintained highways at one time throughout the State to pilot this program. 46
151+SECTION 7. The Secretary of Transportation shall report to the Joint Legislative 47
152+Transportation Oversight Committee, the Joint Legislative Education Oversight Committee, and 48
153+the Joint Legislative Commission on Governmental Operations on the pilot program authorized 49
154+by this act and shall include recommendations for extension, alteration, or continuance of the 50
155+program. The report shall include the process and costs of purchasing equipment and contracting 51 General Assembly Of North Carolina Session 2025
156+Page 4 DRH10306-NEfa-94
157+for services necessary for implementation, the number of violations detected, the number of 1
158+violations appealed, the number and amount of penalties collected, the amount paid into the Civil 2
159+Penalty Litigation Fund, the amount paid into the State Public School Fund, the cost to the 3
160+Department of Transportation for operating the program, and any other matter that will assist in 4
161+evaluating the effectiveness of the program. The report required by this section shall be made no 5
162+later than May 1, 2026, and annually thereafter. 6
163+SECTION 8. This act becomes effective October 1, 2025, and applies to all civil 7
164+penalties assessed for speeding violations in work zones on State-maintained highways on or 8
165+after that date. This act expires October 1, 2030. 9