GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2015

 

 

SESSION LAW 2015-26

HOUSE BILL 102

 

 

AN ACT to authorize law enforcement officers, emergency personnel, and municipal and county employees to operate UTILITY VEHICLES ON SOME PUBLIC HIGHWAYS AND TO MODIFY THE MOVE‑OVER LAW TO INCLUDE VEHICLES BEING USED IN THE COLLECTION OF REFUSE, SOLID WASTE, OR RECYCLING.

 

The General Assembly of North Carolina enacts:

 

SECTION 1.  G.S. 20‑171.23 reads as rewritten:

"§ 20‑171.23.  Motorized all‑terrainall‑terrain vehicles of law enforcement officers and fire, rescue, and emergency medical services permitted on certain highways.

(a)        Law enforcement officers acting in the course and scope of their duties may operate motorized all‑terrain vehicles, as defined in G.S. 14‑159.3(b) andall‑terrain vehicles owned or leased by the agency, or under the direct control of the incident commander, on: (i) public highways where the speed limit is 35 miles per hour or less; and (ii) nonfully controlled access highways with higher speeds for the purpose of traveling from a speed zone to an adjacent speed zone where the speed limit is 35 miles per hour or less.

(b)        Fire, rescue, and emergency medical services personnel acting in the course and scope of their duties may operate motorized all‑terrain vehicles, as defined in G.S. 14‑159.3(b)all‑terrain vehicles and owned or leased by fire, rescue, or emergency medical services departments, or under the direct control of the incident commander, on: (i) public highways where the speed limit is 35 miles per hour or less; and (ii) nonfully controlled access highways with higher speeds for the purpose of traveling from a speed zone to an adjacent speed zone where the speed limit is 35 miles per hour or less.

(c)        This Part and all other State laws governing the operation of all‑terrainall‑terrain vehicles apply to the operation of all‑terrainall‑terrain vehicles authorized by this section.

(d)        An all‑terrainall‑terrain vehicle operated pursuant to this section shall be equipped with operable front and rear lights and a horn.

(e)        A person operating an all‑terrainall‑terrain vehicle pursuant to this section shall observe posted speed limits and shall not exceed the manufacturer's recommended speed for the vehicle.

(f)         A person operating an all‑terrainall‑terrain vehicle pursuant to this section shall carry an official identification card or badge.

(g)        For purposes of this section, the term "motorized all‑terrain vehicle" has the same meaning as in G.S. 14‑159.3, except that the term also includes utility vehicles, as defined in this Chapter."

SECTION 2.  G.S. 20‑171.24 reads as rewritten:

"§ 20‑171.24.  Motorized all‑terrainall‑terrain vehicle use by employees of listed municipalities and counties permitted on certain highways.

(a)        Municipal and county employees may operate motorized all‑terrain vehicles, as defined in G.S. 14‑159.3(b) andall‑terrain vehicles owned or leased by the agency,agency on: (i) public highways where the speed limit is 35 miles per hour or less; and (ii) nonfully controlled access highways with higher speeds for the purpose of traveling from a speed zone to an adjacent speed zone where the speed limit is 35 miles per hour or less.

(b)        This Part and all other State laws governing the operation of all‑terrainall‑terrain vehicles apply to the operation of all‑terrainall‑terrain vehicles authorized by this section.

(c)        An all‑terrainall‑terrain vehicle operated pursuant to this section shall be equipped with operable front and rear lights and a horn.

(d)        A person operating an all‑terrainall‑terrain vehicle pursuant to this section shall observe posted speed limits and shall not exceed the manufacturer's recommended speed for the vehicle.

(e)        A person operating an all‑terrainall‑terrain vehicle pursuant to this section shall carry an official identification card or badge.

(f)         This section applies to the Towns of Ansonville, Atlantic Beach, Burgaw, Carolina Beach, Cramerton, Dallas, Davidson, Duck, Emerald Isle, Franklin, Indian Beach, Kill Devil Hills, Kitty Hawk, Kure Beach, Lowell, Manteo, Murphy, Nags Head, North Topsail Beach, Oakboro, Ocean Isle Beach, Pine Knoll Shores, Stanley, Surf City, Sylva, Topsail Beach, Williamston, Wrightsville Beach, and Yanceyville, the Cities of Albemarle, Belmont, Cherryville, Gastonia, Hamlet, Kings Mountain, Mount Holly, and Rockingham and the Counties of Cleveland, Currituck, Gaston, Surry, and Wilkes only.

(e1)      For purposes of this section, the term "motorized all‑terrain vehicle" has the same meaning as in G.S. 14‑159.3, except that the term also includes utility vehicles, as defined in this Chapter."

SECTION 2.1.  The Revisor of Statutes is directed to place a hyphen between the words "all" and "terrain" wherever the phrase "all terrain" appears in the following statutes: G.S. 14‑134.2, G.S. 14‑159.3, G.S. 20‑171.23, G.S. 20‑171.24, and G.S. 95‑11.3.

SECTION 3.  G.S. 20‑157(f) reads as rewritten:

"(f)       When an authorized emergency vehicle as described in subsection (a) of this section or any public service vehicle is parked or standing within 12 feet of a roadway and is giving a warning signal by appropriate light, the driver of every other approaching vehicle shall, as soon as it is safe and when not otherwise directed by an individual lawfully directing traffic, do one of the following:

(1)        Move the vehicle into a lane that is not the lane nearest the parked or standing authorized emergency vehicle or public service vehicle and continue traveling in that lane until safely clear of the authorized emergency vehicle. This paragraph applies only if the roadway has at least two lanes for traffic proceeding in the direction of the approaching vehicle and if the approaching vehicle may change lanes safely and without interfering with any vehicular traffic.

(2)        Slow the vehicle, maintaining a safe speed for traffic conditions, and operate the vehicle at a reduced speed and be prepared to stop until completely past the authorized emergency vehicle or public service vehicle. This paragraph applies only if the roadway has only one lane for traffic proceeding in the direction of the approaching vehicle or if the approaching vehicle may not change lanes safely and without interfering with any vehicular traffic.

For purposes of this section, "public service vehicle" means a vehicle that (i) is being used to assist motorists or law enforcement officers with wrecked or disabled vehicles, or(ii) is a vehicle being used to install, maintain, or restore utility service, including electric, cable, telephone, communications, and gas, (iii) is being used in the collection of refuse, solid waste, or recycling, or (iv) is a highway maintenance vehicle owned and operated by or contracted by the State or a local government,government and is operating an amber‑colored flashing light authorized by G.S. 20‑130.2. Violation of this subsection shall be negligence per se."

SECTION 4.  Sections 1, 2, 2.1, and 4 of this act are effective when they become law. Section 3 of this act becomes effective October 1, 2015, and applies to offenses committed on or after that date.

In the General Assembly read three times and ratified this the 14th day of May, 2015.

 

 

                                                    s/  Daniel J. Forest

                                                         President of the Senate

 

 

                                                    s/  Tim Moore

                                                         Speaker of the House of Representatives

 

 

                                                    s/  Pat McCrory

                                                         Governor

 

 

Approved 11:50 a.m. this 21st day of May, 2015