GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2019
SESSION LAW 2019-84
HOUSE BILL 67
AN ACT TO expand the prohibition on THE REMOVAL, DESTRUCTION, OR driving through of ROADWAY construction BARRIERS to include dangerous roadway condition closure barriers.
The General Assembly of North Carolina enacts:
SECTION 1. G.S. 136‑26 reads as rewritten:
"§ 136‑26. Closing of State transportation
infrastructure during construction; construction or for dangerous
conditions; driving through, removal, injury to barriers, warning signs,
etc.
If it shall appear necessary to the
Department of Transportation, its officers, or appropriate employees, to close
any transportation infrastructure coming under its jurisdiction so as to permit
proper completion of construction work which is being performed, or
to prohibit traffic on transportation infrastructure due to damage posing a danger
to public safety, the Department of Transportation, its officers or
employees, may close, or cause to be closed, the whole or any portion of
transportation infrastructure deemed necessary to be excluded from public
travel. While any transportation infrastructure, or portion thereof, is so
closed, or while any transportation infrastructure, or portion thereof, is in
process of construction or maintenance, the Department of Transportation, its officers
or appropriate employees, or its contractor, under authority from the
Department of Transportation, may erect, or cause to be erected, suitable
barriers or obstruction thereon; may post, or cause to be posted, conspicuous
notices to the effect that the transportation infrastructure, or portion
thereof, is closed; and may place warning signs, lights and lanterns on
transportation infrastructure, or portions thereof. When infrastructure is
closed to the public or in process of construction or maintenance, as
provided herein, any person who willfully drives into new construction work,
breaks down, onto transportation infrastructure closed pursuant to this
section or removes, injures or destroys any such barrier or barriers or
obstructions on the road closed or being constructed, or tears down, removes or
destroys any such notices, or extinguishes, removes, injures or destroys any
such warning lights signs, lights, or lanterns so erected, posted
or placed, posted, or placed pursuant to this section, shall be
guilty of a Class 1 misdemeanor.
This prohibition does not apply to law enforcement, first responders, personnel of emergency management agencies, or Department of Transportation personnel acting in the course of, and within the scope of, their official duties; or personnel acting in the course of, and within the scope of, installation, restoration or maintenance of utility services in coordination with the Department of Transportation."
SECTION 2. This act becomes effective December 1, 2019, and applies to offenses committed on or after that date.
In the General Assembly read three times and ratified this the 27th day of June, 2019.
s/ Bill Rabon
Presiding Officer of the Senate
s/ Tim Moore
Speaker of the House of Representatives
s/ Roy Cooper
Governor
Approved 11:42 a.m. this 8th day of July, 2019