North Carolina HB 1312: Omnibus Highway/MV Statute Changes.

Bill Text

GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2009
H 3
HOUSE BILL 1312
Committee Substitute Favorable 5/11/09
Senate Judiciary I Committee Substitute Adopted 8/4/09

Short Title: Omnibus Highway/MV Statute Changes. (Public)
Sponsors:
Referred to:
April 9, 2009
*H1312-v-3*
A BILL TO BE ENTITLED 1
AN ACT TO CLARIFY THE APPLICABILITY OF THE LAW REQUIRING DRIVERS TO 2
PULL OVER AND STOP WHEN APPROACHED BY A FIRE OR RESCUE VEHICLE, 3
TO PROVIDE THAT PUBLIC SERVICE VEHICLES AND RURAL LETTER CARRIER 4
VEHICLES ARE COVERED UNDER THE MOVE OVER LAW, TO MODIFY THE 5
CURRENT PROHIBITION ON PARKING ON HIGHWAYS OR HIGHWAY 6
SHOULDERS, TO CHANGE THE TIME PERIOD IN WHICH THE DIVISION OF 7
MOTOR VEHICLES MUST HOLD AN ADMINISTRATIVE HEARING FOR A 8
VIOLATION OF THE MOTOR VEHICLE INSPECTION PROGRAM STATUTES BY 9
AN EMISSIONS INSPECTION STATION LICENSE HOLDER, TO CLARIFY 10
RESTRICTIONS ON OPERATING A SCHOOL BUS OR ACTIVITY BUS WHILE 11
OCCUPIED BY A CHILD OR CHILDREN, TO EXEMPT FUNDS RECEIVED FROM 12
THE APPALACHIAN REGIONAL COMMISSION FOR THE APPALACHIAN 13
DEVELOPMENT HIGHWAY SYSTEM ROADS FROM THE STATE EQUITY 14
DISTRIBUTION FORMULA FOR TRANSPORTATION FUNDS, TO CLARIFY THAT 15
FUNDS USED IN REPAYMENT OF GARVEE BONDS ARE SUBJECT TO THE 16
STATE EQUITY DISTRIBUTION FORMULA FOR TRANSPORTATION FUNDS, TO 17
REQUIRE THE DEPARTMENT OF TRANSPORTATION TO USE ALL FUNDS 18
RECEIVED FROM THE APPALACHIAN REGIONAL COMMISSION FOR THE 19
APPALACHIAN DEVELOPMENT HIGHWAY SYSTEM TO COMPLETE 20
CONSTRUCTION OF THE APPALACHIAN DEVELOPMENT HIGHWAY SYSTEM 21
ROADS, AND TO SPECIFY THAT THE YELLOW LIGHT DURATION INTERVAL 22
FOR A TRAFFIC CONTROL PHOTOGRAPHIC SYSTEM BE SPECIFIED IN A 23
TRAFFIC SIGNAL PLAN SIGNED AND SEALED BY A PROFESSIONAL 24
ENGINEER. 25
The General Assembly of North Carolina enacts: 26
SECTION 1. G.S. 20-157(a) reads as rewritten: 27
"(a) Upon the approach of any law enforcement or fire department vehicle or public or 28
private ambulance or rescue squad emergency service vehicle giving warning signal by 29
appropriate light and by audible bell, siren or exhaust whistle, audible under normal conditions 30
from a distance not less than 1000 feet, the driver of every other vehicle shall immediately 31
drive the same to a position as near as possible and parallel to the right-hand edge or curb, clear 32
of any intersection of streets or highways, and shall stop and remain in such position unless 33
otherwise directed by a law enforcement or traffic officer until law enforcement or fire 34
department vehicle or public or private ambulance or rescue squad emergency service vehicle 35
shall have passed. Provided, however, this subsection shall not apply to vehicles traveling in 36

General Assembly Of North Carolina Session 2009
Page 2 House Bill 1312-Third Edition
the opposite direction of the vehicles herein enumerated when traveling on a four-lane limited 1
access highway with a median divider dividing the highway for vehicles traveling in opposite 2
directions, and provided further that the violation of this subsection shall be negligence per se. 3
Violation of this subsection is a Class 2 misdemeanor." 4
SECTION 2. G.S. 20-157(f) reads as rewritten: 5
"(f) When an authorized emergency vehicle as described in subsection (a) of this section 6
or any public service vehicle is parked or standing within 12 feet of a roadway and is giving a 7
warning signal by appropriate light, or when any vehicle clearly marked as a rural letter carrier 8
vehicle is parked or standing within 12 feet of a roadway, the driver of every other approaching 9
vehicle shall, as soon as it is safe and when not otherwise directed by an individual lawfully 10
directing traffic, do one of the following: 11
(1) Move the vehicle into a lane that is not the lane nearest the parked or 12
standing authorized emergency vehicle or vehicle, public service vehicle 13
vehicle, or rural letter carrier vehicle, and continue traveling in that lane until 14
safely clear of the authorized emergency vehicle.vehicle, public service 15
vehicle, or rural letter carrier vehicle. This paragraph applies only if the 16
roadway has at least two lanes for traffic proceeding in the direction of the 17
approaching vehicle and if the approaching vehicle may change lanes safely 18
and without interfering with any vehicular traffic. 19
(2) Slow the vehicle, maintaining a safe speed for traffic conditions, and operate 20
the vehicle at a reduced speed and be prepared to stop until completely past 21
the authorized emergency vehicle or vehicle, public service vehicle. vehicle, 22
or rural letter carrier vehicle. This paragraph applies only if the roadway has 23
only one lane for traffic proceeding in the direction of the approaching 24
vehicle or if the approaching vehicle may not change lanes safely and 25
without interfering with any vehicular traffic. 26
For purposes of this section, "public service vehicle" means a vehicle that is being used to assist 27
motorists or law enforcement officers