NC General Statutes

N.C. Gen. Stat. § 20-1 (2026)

Division of Motor Vehicles established

✓ current as of July 2026
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The Division of Motor Vehicles of the Department of Transportation is established. This Chapter sets out the powers and duties of the Division. (1941, c. 36, s. 1; 1949, c. 1167; 1973, c. 476, s. 193; 1975, c. 716, s. 5; c. 863; 1987, c. 827, s. 2; c. 847, s. 1; 1995 (Reg. Sess., 1996), c. 756, s. 1.)

 

Notes of Decisions
Cited in 11 cases (3 in the last 5 years), 1978–2026 · leading case: Lee v. Gore, 698 S.E.2d 179 (N.C. Ct. App. 2010).
Lee v. Gore, 698 S.E.2d 179 (N.C. Ct. App. 2010). · cites it 14× “N.C. Gen.Stat. § 20-1 (2006) [2] states: "The Division of Motor Vehicles of the Department of Transportation is established.”
State v. Kostick, 755 S.E.2d 411 (N.C. Ct. App. 2014). · cites it 8× “■ The Tribe’s Code of Ordinances, section 20-1 states that: (a) In order to ensure consistency in the application and enforcement of all civil and criminal traffic and motor vehicle laws on the Cherokee Indian Reservation and in surrounding areas, the Tribe adopts Chapter 20 of…”
Lee v. Gore, 717 S.E.2d 356 (N.C. 2011). · cites it 3× “As such, the DMV possesses only those powers expressly granted to it by our legislature or those which exist by necessary implication in a statutory grant of authority.”
Stott v. Martin, 783 F. Supp. 970 (E.D.N.C. 1992). · cites it 2× “See N.C.Gen.Stat. § 20-1 et seq. (1989). Among its numerous specific responsibilities, the division is authorized to revoke or suspend driver licenses, vehicle tags, and vehicle registrations for violation of certain statutes, e.”
Wilkerson v. Hester, 114 F. Supp. 2d 446 (W.D.N.C. 2000). “§ 20-1 35.2A. After Hester moved in behind the pickup to pull it over, he saw a sport utility vehicle, approaching from the rear, headlights flashing, and the driver of that vehicle pointing toward the pickup, as though trying to alert Hester to stop it.”
Lee v. Gore, 688 S.E.2d 734 (N.C. Ct. App. 2010). · cites it 4× “N.C. Gen. Stat. § 20-1 (2006) 1 states: “The Division of Motor Vehicles of the Department of Transportation is established.”
State v. Wyrick, 241 S.E.2d 355 (N.C. Ct. App. 1978). “Effective 1 July 1975, the Department of Motor Vehicles was redesignated the Division of Motor Vehicles of the Department of Transportation by amendment to G.S. 20-1. At the same time, the term “Division” was substituted for the term “Department” by amendment at all pertinent…”
Popper v. Hartford Fin. Servs. Grp. Inc. (E.D.N.C. 2023). · cites it 3× “01 (13), (32); see also N.C. Gen. Stat. § 20-1 (outlining the scope of section 20 to set out the powers and duties of the DMV).”
Patricia Bell Muhammad (Bankr. M.D.N.C. 2026). · cites it 2× “NCDMV is a statutorily established division of the North Carolina Department of Transportation—a North Carolina state agency organized and enabled by the N.C. Gen. Stat. §§ 20-1 and 136-4 et seq.”
Armstrong Ford, Inc. v. Ford Motor Co. (E.D.N.C. 2023). “§ 20-1 . The North Carolina Division of Motor Vehicles is not a subdivision of the judiciary, does not have tribunals of the judiciary, and does not conduct court proceedings.”
Beam v. Tatum, 492 F. Supp. 2d 535 (E.D.N.C. 2007). “§§ 20-1 et seq. Essentially, plaintiff seeks a declaration that a civil penalty that North Carolina imposed due to the manner in which he operated a hauling truck violates the United States and North Carolina Constitutions and an injunction ordering that the civil penalty be…”
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