reglab/statecodes huggingface dataset:
2023 North Carolina General Statutes › Chapter 20 - Motor Vehicles › Article 3 - Motor Vehicle Act of 1937. › § 20-137.4A - Unlawful use of mobile telephone for text messaging or electronic mail.

§ 20-137.4A. Unlawful use of mobile telephone for text messaging or electronic mail.
(a) Offense. – It shall be unlawful for any person to operate a vehicle on a public street or highway or public vehicular area while using a mobile telephone to:
(1) Manually enter multiple letters or text in the device as a means of communicating with another person; or
(2) Read any electronic mail or text message transmitted to the device or stored within the device, provided that this prohibition shall not apply to any name or number stored in the device nor to any caller identification information.
(a1) Motor Carrier Offense. – It shall be unlawful for any person to operate a commercial motor vehicle subject to Part 390 or 392 of Title 49 of the Code of Federal Regulations on a public street or highway or public vehicular area while using a mobile telephone or other electronic device in violation of those Parts. Nothing in this subsection shall be construed to prohibit the use of hands-free technology.
(b) Exceptions. – The provisions of this section shall not apply to:
(1) The operator of a vehicle that is lawfully parked or stopped.
(2) Any of the following while in the performance of their official duties: a law enforcement officer; a member of a fire department; or the operator of a public or private ambulance.
(3) The use of factory-installed or aftermarket global positioning systems (GPS) or wireless communications devices used to transmit or receive data as part of a digital dispatch system.
(4) The use of voice operated technology.
(c) Penalty. – A violation of this section while operating a school bus, as defined in G.S. 20-137.4(a)(4), shall be a Class 2 misdemeanor and shall be punishable by a fine of not less than one hundred dollars ($100.00). Any other violation of this section shall be an infraction and shall be punishable by a fine of one hundred dollars ($100.00) and the costs of court.
No drivers license points or insurance surcharge shall be assessed as a result of a violation of this section. Failure to comply with the provisions of this section shall not constitute negligence per se or contributory negligence per se by the operator in any action for the recovery of damages arising out of the operation, ownership, or maintenance of a vehicle. (2009-135, s. 2; 2012-78, s. 9.)
2023 North Carolina General Statutes › Chapter 20 - Motor Vehicles › Article 3 - Motor Vehicle Act of 1937. › § 20-137.5 - Child passenger safety technician; limitation of liability.

§ 20-137.5. Child passenger safety technician; limitation of liability.
(a) The following definitions apply in this section:
(1) Certified child passenger safety technician. – A certified child passenger safety technician is an individual who has successfully completed the U.S. Department of Transportation National Highway Traffic Safety Administration's (NHTSA) National Standardized Child Passenger Safety Certification Training Program and who maintains a current child passenger safety technician or technician instructor certification through the current certifying body for the National Child Passenger Safety Training Program as designated by the National Highway Traffic Safety Administration.
(2) Sponsoring organization. – A sponsoring organization is a person or organization other than a manufacturer of or employee or agent of a manufacturer of child safety seats that:
a. Offers or arranges for the public a nonprofit child safety seat educational program, checkup event, or checking station program utilizing certified child passenger safety technicians; or
b. Owns property upon which a nonprofit child safety seat educational program, checkup event, or checking station program for the public occurs utilizing certified child passenger safety technicians.
(b) Limitation of Liability. – Except as provided in subsection (c) of this section, a certified child passenger safety technician or sponsoring organization shall not be liable to any person as a result of any act or omission that occurs solely in the inspection, installation, or adjustment of a child safety seat or in providing education regarding the installation or adjustment of a child safety seat if:
(1) The service is provided without fee or charge other than reimbursement for expenses, and
(2) The child passenger safety technician or sponsoring organization acts in good faith and within the scope of training for which the technician is currently certified.
(c) Exceptions. – The limitation on liability shall not apply under any of the following conditions:
(1) The act or omission of the certified child passenger safety technician or sponsoring organization constitutes willful or wanton misconduct or gross negligence.
(2) The inspection, installation, or adjustment of a child safety seat or education provided regarding the installation or adjustment of a child safety seat is in conjunction with the for-profit sale of a child safety seat. (2008-178, s. 1.)
2023 North Carolina General Statutes › Chapter 20 - Motor Vehicles › Article 3 - Motor Vehicle Act of 1937. › § 20-137.6 - Declaration of purpose.

§ 20-137.6. Declaration of purpose.
Abandoned and derelict motor vehicles constitute a hazard to the health and welfare of the people of the State in that such vehicles can harbor noxious diseases, furnish shelter and breeding places for vermin, and present physical dangers to the safety and well-being of children and other citizens. It is therefore in the public interest that the present accumulation of abandoned and derelict motor vehicles be eliminated and that the future abandonment of such vehicles be prevented. (1973, c. 720, s. 1.)
2023 North Carolina General Statutes › Chapter 20 - Motor Vehicles › Article 3 - Motor Vehicle Act of 1937. › § 20-137.7 - Definitions of words and phrases.

§ 20-137.7. Definitions of words and phrases.
The following words and phrases when used in this Part shall for the purpose of this Part have the meaning respectively prescribed to them in this Part, except in those instances where the context clearly indicates a different meaning:
(1) "Abandoned vehicle" means a motor vehicle that has remained illegally on private or public property for a period of more than 10 days without the consent of the owner or person in control of the property.
(2) "Demolisher" means any person, firm or corporation whose business is to convert a motor vehicle into processed scrap or scrap metal or otherwise to wreck, or dismantle, such a vehicle.
(3) "Department" means the North Carolina Department of Transportation.
(4) "Derelict vehicle" means a motor vehicle:
a. Whose certificate of registration has expired and the registered and legal owner no longer resides at the address listed on the last certificate of registration on record with the North Carolina Department of Transportation; or
b. Whose major parts have been removed so as to render the vehicle inoperable and incapable of passing inspection as required under existing standards; or
c. Whose manufacturer's serial plates, vehicle identification numbers, license number plates and any other means of identification have been removed so as to nullify efforts to locate or identify the registered and legal owner; or
d. Whose registered and legal owner of record disclaims ownership or releases his rights thereto; or
e. Which is more than 12 years old and does not bear a current license as required by the Department.
(5) "Officer" means any law-enforcement officer of the State, of any county or of any municipality including county sanitation officers.
(6) "Salvage yard" means a business or a person who possesses five or more derelict vehicles, regularly engages in buying and selling used vehicle parts.
(7) "Secretary" means the Secretary of the North Carolina Department of Transportation.
(8) "Tag" means any type of notice affixed to an abandoned or derelict motor vehicle advising the owner or the person in possession that the same has been declared an abandoned or derelict vehicle and will be treated as such, which tag shall be of sufficient size as to be easily discernible and contain such information as the Secretary deems necessary to enforce this Part.
(9) "Vehicle" means every device in, upon, or by which any person or property is or may be transported or drawn upon a highway by mechanical means.
(10) "Vehicle recycling" means the process whereby discarded vehicles (abandoned, derelict or wrecked) are collected and then processed by shredding, bailing or shearing to produce processed scrap iron and steel which is then remelted by steel mills and foundries to make raw materials which are subsequently used to manufacture new metal-based products for the consumer. (1973, c. 720, s. 1.)
2023 North Carolina General Statutes › Chapter 20 - Motor Vehicles › Article 3 - Motor Vehicle Act of 1937. › § 20-137.8 - Secretary may adopt rules and regulations.

§ 20-137.8. Secretary may adopt rules and regulations.
The Secretary is hereby vested with the power and is charged with the duties of administering the provisions of this Part and is authorized to adopt such rules and regulations as may be necessary to carry out the provisions thereof. (1973, c. 720, s. 1.)
2023 North Carolina General Statutes › Chapter 20 - Motor Vehicles › Article 3 - Motor Vehicle Act of 1937. › § 20-137.9 - Removal from private property.

§ 20-137.9. Removal from private property.
Any abandoned or any derelict vehicle in this State shall be subject to be removed from public or private property provided not objected to by the owner of the private property after notice as hereinafter provided and disposed of in accordance with the provisions of this Part, provided, that all abandoned motor vehicles left on any right-of-way of any road or highway in this State may be removed in accordance with G.S. 20-161. (1973, c. 720, s. 1.)
2023 North Carolina General Statutes › Chapter 20 - Motor Vehicles › Article 3 - Motor Vehicle Act of 1937. › § 20-137.10 - Abandoned and derelict vehicles to be tagged; determination of value.

§ 20-137.10. Abandoned and derelict vehicles to be tagged; determination of value.
(a) When any vehicle is derelict or abandoned in this State, the Secretary shall cause a tag to be placed on the vehicle which shall be notice to the owner, the person in possession of the vehicle, or any lienholder that the same is considered to have been derelict or abandoned and is subject to forfeiture to the State.
(b) Repealed by Session Laws 1975, c. 438, s. 3.
(c) The tag shall serve as the only notice that if the vehicle is not removed within five days from the date reflected on the tag, it will be removed to a designated place to be sold. After the vehicle is removed, the Secretary shall give notice in writing to the person in whose name the vehicle was last registered at the last address reflected in the Department's records and to any lienholder of record that the vehicle is being held, designating the place where the vehicle is being held and that if it is not redeemed within 10 days from the date of the notice by paying all costs of removal and storage the same shall be sold for recycling purposes. The proceeds of the sale shall be deposited in the highway fund established for the purpose of administering the provisions of this Part.
(d) If the value of the vehicle is determined to be more than one hundred dollars ($100.00), and if the identity of the last registered owner cannot be determined or if the registration contains no address for the owner, or if it is impossible to determine with reasonable certainty the identification and addresses of any lienholders, notice by one publication in a newspaper of general circulation in the area where the vehicle was located shall be sufficient to meet all requirements of notice pursuant to this Part. The notice of publication may contain multiple listings of vehicles. Five days after date of publication the advertised vehicles may be sold. The proceeds of such sale shall be deposited in the highway fund established for the purpose of administering the provisions of this Part.
(d1) If the value of the vehicle is determined to be less than one hundred dollars ($100.00), and if the identity of the last registered owner cannot be determined or if the registration contains no address for the owner, or if it is impossible to determine with reasonable certainty the identification and addresses of any lienholders, no notice in addition to that required by subsection (a) hereof shall be required prior to sale.
(e) All officers, as defined in this Part, are given the authority to appraise or determine the value of derelict or abandoned vehicles as defined in this Part. (1973, c. 720, s. 1; 1975, c. 438, s. 3.)
2023 North Carolina General Statutes › Chapter 20 - Motor Vehicles › Article 3 - Motor Vehicle Act of 1937. › § 20-137.11 - Title to vest in State.

§ 20-137.11. Title to vest in State.
Title to all vehicles sold or disposed of in accordance with this Part shall vest in the State. All manufacturers' serial number plates and any other identification numbers for all vehicles sold to any person other than a demolisher shall at the time of the sale be turned in to the Department for destruction. Any demolisher purchasing or acquiring any vehicle hereunder shall, under oath, state to the Department that the vehicles purchased or acquired by it have been shredded or recycled.
The Secretary shall remove and destroy all departmental records relating to such vehicles in such method and manner as he may prescribe. (1973, c. 720, s. 1.)
2023 North Carolina General Statutes › Chapter 20 - Motor Vehicles › Article 3 - Motor Vehicle Act of 1937. › § 20-137.12 - Secretary may contract for disposal.

§ 20-137.12. Secretary may contract for disposal.
The Secretary is hereby authorized to contract with any federal, other state, county or municipal authority or private enterprise for tagging, collection, storage, transportation or any other services necessary to prepare derelict or abandoned vehicles for recycling or other methods of disposal. Publicly owned properties, when available, shall be provided as temporary collecting areas for the vehicles defined herein. The Secretary shall have full authority to sell such derelict or abandoned vehicles. If the Secretary deems it more advisable and practical, in addition, he is authorized to contract with private enterprise for the purchase of such vehicles for recycling. (1973, c. 720, s. 1.)
2023 North Carolina General Statutes › Chapter 20 - Motor Vehicles › Article 3 - Motor Vehicle Act of 1937. › § 20-137.13 - No liability for removal.

§ 20-137.13. No liability for removal.
No agent or employee of any federal, State, county or municipal government, no person or occupant of the premises from which any derelict or abandoned vehicle shall be removed, nor any person or firm contracting for the removal of or disposition of any such vehicle shall be held criminally or civilly liable in any way arising out of or caused by carrying out or enforcing any provisions of this Part. (1973, c. 720, s. 1.)
2023 North Carolina General Statutes › Chapter 20 - Motor Vehicles › Article 3 - Motor Vehicle Act of 1937. › § 20-137.14 - Enclosed, antique, registered and certain other vehicles exempt.

§ 20-137.14. Enclosed, antique, registered and certain other vehicles exempt.
The provisions of this Part shall not apply to vehicles located on used car lots, in private garages, enclosed parking lots, or on any other parking area on private property which is not visible from any public street or highway, nor to motor vehicles classified as antiques and registered under the laws of the State of North Carolina, those not required by law to be registered, or those in possession of a salvage yard as defined in G.S. 20-137.7, unless that vehicle presents some safety or health hazard or constitutes a nuisance. (1973, c. 720, s. 1.)
2023 North Carolina General Statutes › Chapter 20 - Motor Vehicles › Article 3 - Motor Vehicle Act of 1937. › § 20-138.1 - Impaired driving.

§ 20-138.1. Impaired driving.
(a) Offense. – A person commits the offense of impaired driving if he drives any vehicle upon any highway, any street, or any public vehicular area within this State:
(1) While under the influence of an impairing substance; or
(2) After having consumed sufficient alcohol that he has, at any relevant time after the driving, an alcohol concentration of 0.08 or more. The results of a chemical analysis shall be deemed sufficient evidence to prove a person's alcohol concentration; or
(3) With any amount of a Schedule I controlled substance, as listed in G.S. 90-89, or its metabolites in his blood or urine.
(a1) A person who has submitted to a chemical analysis of a blood sample, pursuant to G.S. 20-139.1(d), may use the result in rebuttal as evidence that the person did not have, at a relevant time after driving, an alcohol concentration of 0.08 or more.
(b) Defense Precluded. – The fact that a person charged with violating this section is or has been legally entitled to use alcohol or a drug is not a defense to a charge under this section.
(b1) Defense Allowed. – Nothing in this section shall preclude a person from asserting that a chemical analysis result is inadmissible pursuant to G.S. 20-139.1(b2).
(c) Pleading. – In any prosecution for impaired driving, the pleading is sufficient if it states the time and place of the alleged offense in the usual form and charges that the defendant drove a vehicle on a highway or public vehicular area while subject to an impairing substance.
(d) Sentencing Hearing and Punishment. – Impaired driving as defined in this section is a misdemeanor. Upon conviction of a defendant of impaired driving, the presiding judge shall hold a sentencing hearing and impose punishment in accordance with G.S. 20-179.
(e) Exception. – Notwithstanding the definition of "vehicle" pursuant to G.S. 20-4.01(49), for purposes of this section the word "vehicle" does not include a horse. (1983, c. 435, s. 24; 1989, c. 711, s. 2; 1993, c. 285, s. 1; 2006-253, s. 9.)
2023 North Carolina General Statutes › Chapter 20 - Motor Vehicles › Article 3 - Motor Vehicle Act of 1937. › § 20-138.2A - Operating a commercial vehicle after consuming alcohol.

§ 20-138.2A. Operating a commercial vehicle after consuming alcohol.
(a) Offense. – A person commits the offense of operating a commercial motor vehicle after consuming alcohol if the person drives a commercial motor vehicle, as defined in G.S. 20-4.01(3d)a. and b., upon any highway, any street, or any public vehicular area within the State while consuming alcohol or while alcohol remains in the person's body.
(b) Implied-Consent Offense. – An offense under this section is an implied-consent offense subject to the provisions of G.S. 20-16.2. The provisions of G.S. 20-139.1 shall apply to an offense committed under this section.
(b1) Odor Insufficient. – The odor of an alcoholic beverage on the breath of the driver is insufficient evidence by itself to prove beyond a reasonable doubt that alcohol was remaining in the driver's body in violation of this section unless the driver was offered an alcohol screening test or chemical analysis and refused to provide all required samples of breath or blood for analysis.
(b2) Alcohol Screening Test. – Notwithstanding any other provision of law, an alcohol screening test may be administered to a driver suspected of violation of subsection (a) of this section, and the results of an alcohol screening test or the driver's refusal to submit may be used by a law enforcement officer, a court, or an administrative agency in determining if alcohol was present in the driver's body. No alcohol screening tests are valid under this section unless the device used is one approved by the Department of Health and Human Services, and the screening test is conducted in accordance with the applicable regulations of the Department as to its manner and use.
(c) Punishment. – Except as otherwise provided in this subsection, a violation of the offense described in subsection (a) of this section is a Class 3 misdemeanor and, notwithstanding G.S. 15A-1340.23, is punishable by a penalty of one hundred dollars ($100.00). A second or subsequent violation of this section is a misdemeanor punishable under G.S. 20-179. This offense is a lesser included offense of impaired driving of a commercial vehicle under G.S. 20-138.2.
(d) Second or Subsequent Conviction Defined. – A conviction for violating this offense is a second or subsequent conviction if at the time of the current offense the person has a previous conviction under this section, and the previous conviction occurred in the seven years immediately preceding the date of the current offense. This definition of second or subsequent conviction also applies to G.S. 20-17(a)(13) and G.S. 20-17.4(a)(6). (1998-182, s. 23; 1999-406, s. 15; 2000-140, s. 5; 2000-155, s. 16; 2007-182, s. 2; 2008-187, s. 36(a).)
2023 North Carolina General Statutes › Chapter 20 - Motor Vehicles › Article 3 - Motor Vehicle Act of 1937. › § 20-138.2C - Possession of alcoholic beverages while operating a commercial motor vehicle.

§ 20-138.2C. Possession of alcoholic beverages while operating a commercial motor vehicle.
A person commits the offense of operating a commercial motor vehicle while possessing alcoholic beverages if the person drives a commercial motor vehicle, as defined in G.S. 20-4.01(3d), upon any highway, any street, or any public vehicular area within the State while having an open or closed alcoholic beverage in the passenger area of the commercial motor vehicle. This section shall not apply to the driver of a commercial motor vehicle that is also an excursion passenger vehicle, a for-hire passenger vehicle, a common carrier of passengers, or a motor home, if the alcoholic beverage is in possession of a passenger or is in the passenger area of the vehicle. (1999-330, s. 2.)
2023 North Carolina General Statutes › Chapter 20 - Motor Vehicles › Article 3 - Motor Vehicle Act of 1937. › § 20-138.4 - Requirement that prosecutor explain reduction or dismissal of charge in implied-consent case.

§ 20-138.4. Requirement that prosecutor explain reduction or dismissal of charge in implied-consent case.
(a) Any prosecutor shall enter detailed facts in the record of any case subject to the implied-consent law or involving driving while license revoked for impaired driving as defined in G.S. 20-28.2 explaining orally in open court and in writing the reasons for his action if he:
(1) Enters a voluntary dismissal; or
(2) Accepts a plea of guilty or no contest to a lesser included offense; or
(3) Substitutes another charge, by statement of charges or otherwise, if the substitute charge carries a lesser mandatory minimum punishment or is not a case subject to the implied-consent law; or
(4) Otherwise takes a discretionary action that effectively dismisses or reduces the original charge in a case subject to the implied-consent law.
General explanations such as "interests of justice" or "insufficient evidence" are not sufficiently detailed to meet the requirements of this section.
(b) The written explanation shall be signed by the prosecutor taking the action on a form approved by the Administrative Office of the Courts and shall contain, at a minimum:
(1) The alcohol concentration or the fact that the driver refused.
(2) A list of all prior convictions of implied-consent offenses or driving while license revoked.
(3) Whether the driver had a valid drivers license or privilege to drive in this State as indicated by the Division's records.
(4) A statement that a check of the database of the Administrative Office of the Courts revealed whether any other charges against the defendant were pending.
(5) The elements that the prosecutor believes in good faith can be proved, and a list of those elements that the prosecutor cannot prove and why.
(6) The name and agency of the charging officer and whether the officer is available.
(7) Any reason why the charges are dismissed.
(c) (See Editor's note on effective date) A copy of the form required in subsection (b) of this section shall be sent to the head of the law enforcement agency that employed the charging officer, to the district attorney who employs the prosecutor, and filed in the court file. The Administrative Office of the Courts shall electronically record this data in its database and make it available upon request. (1983, c. 435, s. 25; 1987 (Reg. Sess., 1988), c. 1112; 1989, c. 771, s. 18; 2006-253, s. 19; 2007-493, s. 16.)
2023 North Carolina General Statutes › Chapter 20 - Motor Vehicles › Article 3 - Motor Vehicle Act of 1937. › § 20-138.5 - Habitual impaired driving.

§ 20-138.5. Habitual impaired driving.
(a) A person commits the offense of habitual impaired driving if he drives while impaired as defined in G.S. 20-138.1 and has been convicted of three or more offenses involving impaired driving as defined in G.S. 20-4.01(24a) within 10 years of the date of this offense.
(b) A person convicted of violating this section shall be punished as a Class F felon and shall be sentenced to a minimum active term of not less than 12 months of imprisonment, which shall not be suspended. Sentences imposed under this subsection shall run consecutively with and shall commence at the expiration of any sentence being served.
(c) An offense under this section is an implied consent offense subject to the provisions of G.S. 20-16.2. The provisions of G.S. 20-139.1 shall apply to an offense committed under this section.
(d) A person convicted under this section shall have his license permanently revoked.
(e) If a person is convicted under this section, the motor vehicle that was driven by the defendant at the time the defendant committed the offense of impaired driving becomes property subject to forfeiture in accordance with the procedure set out in G.S. 20-28.2. In applying the procedure set out in that statute, an owner or a holder of a security interest is considered an innocent party with respect to a motor vehicle subject to forfeiture under this subsection if any of the following applies:
(1) The owner or holder of the security interest did not know and had no reason to know that the defendant had been convicted within the previous seven years of three or more offenses involving impaired driving.
(2) The defendant drove the motor vehicle without the consent of the owner or the holder of the security interest. (1989 (Reg. Sess., 1990), c. 1039, s. 7; 1993, c. 539, s. 1258; 1994, Ex. Sess., c. 14, s. 32; c. 24, s. 14(c); 1993 (Reg. Sess., 1994), c. 761, s. 34.1; c. 767, s. 32; 1997-379, s. 6; 2006-253, ss. 12, 13.)
2023 North Carolina General Statutes › Chapter 20 - Motor Vehicles › Article 3 - Motor Vehicle Act of 1937. › § 20-140 - Reckless driving.

§ 20-140. Reckless driving.
(a) Any person who drives any vehicle upon a highway or any public vehicular area carelessly and heedlessly in willful or wanton disregard of the rights or safety of others shall be guilty of reckless driving.
(b) Any person who drives any vehicle upon a highway or any public vehicular area without due caution and circumspection and at a speed or in a manner so as to endanger or be likely to endanger any person or property shall be guilty of reckless driving.
(c) Repealed by Session Laws 1983, c. 435, s. 23.
(d) Reckless driving as defined in subsections (a) and (b) is a Class 2 misdemeanor.
(e) Repealed by Session Laws 1983, c. 435, s. 23.
(f) A person is guilty of the Class 2 misdemeanor of reckless driving if the person drives a commercial motor vehicle carrying a load that is subject to the permit requirements of G.S. 20-119 upon a highway or any public vehicular area either:
(1) Carelessly and heedlessly in willful or wanton disregard of the rights or safety of others; or
(2) Without due caution and circumspection and at a speed or in a manner so as to endanger or be likely to endanger any person or property. (1937, c. 407, s. 102; 1957, c. 1368, s. 1; 1959, c. 1264, s. 8; 1973, c. 1330, s. 3; 1979, c. 903, ss. 7, 8; 1981, c. 412, s. 4; c. 466, s. 7; c. 747, s. 66; 1983, c. 435, s. 23; 1985, c. 764, s. 28; 1985 (Reg. Sess., 1986), c. 852, s. 17; 1993, c. 539, s. 365; 1994, Ex. Sess., c. 24, s. 14(c); 2000-109, s. 7(b).)
2023 North Carolina General Statutes › Chapter 20 - Motor Vehicles › Article 3 - Motor Vehicle Act of 1937. › § 20-140.2 - Overloaded or overcrowded vehicle.

§ 20-140.2. Overloaded or overcrowded vehicle.
No person shall operate upon a highway or public vehicular area a motor vehicle which is so loaded or crowded with passengers or property, or both, as to obstruct the operator's view of the highway or public vehicular area, including intersections, or so as to impair or restrict otherwise the proper operation of the vehicle. (1953, c. 1233; 1967, c. 674, s. 1; 1973, c. 1143, s. 2; c. 1330, s. 4.)
2023 North Carolina General Statutes › Chapter 20 - Motor Vehicles › Article 3 - Motor Vehicle Act of 1937. › § 20-140.3 - Unlawful use of National System of Interstate and Defense Highways and other controlled-access highways.

§ 20-140.3. Unlawful use of National System of Interstate and Defense Highways and other controlled-access highways.
On those sections of highways which are or become a part of the National System of Interstate and Defense Highways and other controlled-access highways, it shall be unlawful for any person:
(1) To drive a vehicle over, upon, or across any curb, central dividing section or other separation or dividing line on said highways.
(2) To make a left turn or a semicircular or U-turn except through an opening provided for that purpose in the dividing curb, separation section, or line on said highways.
(3) To drive any vehicle except in the proper lane provided for that purpose and in the proper direction and to the right of the central dividing curb, separation section, or line on said highways.
(4) To drive a vehicle onto or from any controlled-access highway except at such entrances and exits as are established by public authority.
(5) To stop, park, or leave standing any vehicle, whether attended or unattended, on any part or portion of the right-of-way of said highways, except in the case of an emergency or as directed by a peace officer, or at designated parking areas.
(6) To fail to yield the right-of-way when entering the highway to any vehicle already travelling on the highway.
(7) Notwithstanding any other subdivision of this section, a law enforcement officer may cross the median of a divided highway when the officer has reasonable grounds to believe that a felony is being or has been committed, has personal knowledge that a vehicle is being operated at a speed or in a manner which is likely to endanger persons or property, or the officer has reasonable grounds to believe that the officer's presence is immediately required at a location which would necessitate crossing a median of a divided highway for this purpose. Fire department vehicles and public or private ambulances and rescue squad emergency service vehicles traveling in response to a fire alarm or other emergency call may cross the median of a divided highway when assistance is immediately required at a location which would necessitate the vehicle crossing a median of a divided highway for this purpose. (1973, c. 1330, s. 5; 1977, c. 731, s. 1; 1999-330, s. 5.)
2023 North Carolina General Statutes › Chapter 20 - Motor Vehicles › Article 3 - Motor Vehicle Act of 1937. › § 20-140.4 - Special provisions for motorcycles and mopeds.

§ 20-140.4. Special provisions for motorcycles and mopeds.
(a) No person shall operate a motorcycle or moped upon a highway or public vehicular area:
(1) When the number of persons upon or within such motorcycle or moped, including the operator, shall exceed the number of persons which it was designed to carry.
(2) Unless the operator and all passengers thereon wear on their heads, with a retention strap properly secured, safety helmets of a type that complies with Federal Motor Vehicle Safety Standard (FMVSS) 218. This subdivision shall not apply to an operator of, or any passengers within, an autocycle that has completely enclosed seating or is equipped with a roll bar or roll cage.
(b) Violation of any provision of this section shall not be considered negligence per se or contributory negligence per se in any civil action.
(c) Any person convicted of violating this section shall have committed an infraction and shall pay a penalty of twenty-five dollars and fifty cents ($25.50) plus the following court costs:
(1) The General Court of Justice fee provided for in G.S. 7a-304(a)(4).
(2) The fee provided for in G.S. 7a-304(a)(2a).
(3) One dollar and fifty cents ($1.50) to be remitted to the county wherein the infraction was issued, except in those cases in which the infraction was issued by a law enforcement officer employed by a municipality, the fee shall be paid to the municipality employing the officer.
(4) One dollar and fifty cents ($1.50) for the supplemental pension benefits of sheriffs to be remitted to the Department of Justice and administered under the provisions of Article 12H of Chapter 143 of the General Statutes.
Conviction of an infraction under this section has no other consequence.
(d) No drivers license points or insurance surcharge shall be assessed on account of violation of this section. (1973, c. 1330, s. 6; 1989, c. 711, s. 1; 2007-360, s. 7; 2009-451, s. 15.20(k); 2015-163, s. 11; 2016-90, s. 12.5(b); 2019-227, s. 6(a); 2022-6, s. 8.3(b).)
2023 North Carolina General Statutes › Chapter 20 - Motor Vehicles › Article 3 - Motor Vehicle Act of 1937. › § 20-140.5 - Special mobile equipment may tow certain vehicles.

§ 20-140.5. Special mobile equipment may tow certain vehicles.
Special mobile equipment may not tow any vehicle other than the following:
(1) A single passenger vehicle that can carry no more than nine passengers and is carrying no passengers.
(2) A single property-hauling vehicle that has a registered weight of 5,000 pounds or less, is carrying no passengers, and does not exceed its registered weight. (1991 (Reg. Sess., 1992), c. 1015, s. 3; 1999-438, s. 29.)
2023 North Carolina General Statutes › Chapter 20 - Motor Vehicles › Article 3 - Motor Vehicle Act of 1937. › § 20-141.1 - Speed limits in school zones.

§ 20-141.1. Speed limits in school zones.
The Board of Transportation or local authorities within their respective jurisdictions may, by ordinance, set speed limits lower than those designated in G.S. 20-141 for areas adjacent to or near a public, private or parochial school. Limits set pursuant to this section shall become effective when signs are erected giving notice of the school zone, the authorized speed limit, and the days and hours when the lower limit is effective, or by erecting signs giving notice of the school zone, the authorized speed limit and which indicate the days and hours the lower limit is effective by an electronic flasher operated with a time clock. Limits set pursuant to this section may be enforced only on days when school is in session, and no speed limit below 20 miles per hour may be set under the authority of this section. A person who drives a motor vehicle in a school zone at a speed greater than the speed limit set and posted under this section is responsible for an infraction and is required to pay a penalty of two hundred fifty dollars ($250.00). (1977, c. 902, s. 2; 1979, c. 613; 1997-341, s. 1.1; 2011-64, s. 1.)
2023 North Carolina General Statutes › Chapter 20 - Motor Vehicles › Article 3 - Motor Vehicle Act of 1937. › § 20-141.2 - Prima facie rule of evidence as to operation of motor vehicle altered so as to increase potential speed.

§ 20-141.2. Prima facie rule of evidence as to operation of motor vehicle altered so as to increase potential speed.
Proof of the operation upon any street or highway of North Carolina at a speed in excess of the limits provided by law of any motor vehicle when the motor, or any mechanical part or feature, or the design of the motor vehicle has been changed or altered so that there is a variation between such motor vehicle as changed or altered and the motor vehicle as constructed according to specification of the original motor vehicle manufacturer, with the result that the potential speed of such vehicle has been increased beyond that which existed prior to such change or alteration, or the proof of operation upon any street or highway of North Carolina at a speed in excess of the limits provided by law of any motor vehicle assembled from parts of two or more different makes of motor vehicles, whether or not any specially made or specially designed parts or appliances are included in the manufacture and assembly thereof, shall be prima facie evidence that such motor vehicle was operated at such time by the registered owner thereof. (1953, c. 1220.)
2023 North Carolina General Statutes › Chapter 20 - Motor Vehicles › Article 3 - Motor Vehicle Act of 1937. › § 20-141.6 - Aggressive Driving.

§ 20-141.6. Aggressive Driving.
(a) Any person who operates a motor vehicle on a street, highway, or public vehicular area is guilty of aggressive driving if the person:
(1) Violates either G.S. 20-141 or G.S. 20-141.1, and
(2) Drives carelessly and heedlessly in willful or wanton disregard of the rights or safety of others.
(b) For the purposes of this section only, in order to prove a violation of subsection (a)(2), the State must show that the person committed two or more of the below specified offenses while in violation of subsection (a)(1):
(1) Running through a red light in violation of G.S. 20-158(b)(2) or (b)(3), or G.S. 20-158(c)(2) or (c)(3).
(2) Running through a stop sign in violation of G.S. 20-158(b)(1) or (c)(1).
(3) Illegal passing in violation of G.S. 20-149 or G.S. 20-150.
(4) Failing to yield right-of-way in violation of G.S. 20-155, 20-156, 20-158(b)(4) or (c)(4) or 20-158.1.
(5) Following too closely in violation of G.S. 20-152.
(c) A person convicted of aggressive driving is guilty of a Class 1 misdemeanor.
(d) The offense of reckless driving under G.S. 20-140 is a lesser-included offense of the offense set forth in this section. (2004-193, s. 1.)
2023 North Carolina General Statutes › Chapter 20 - Motor Vehicles › Article 3 - Motor Vehicle Act of 1937. › § 20-141.10 - Street takeover.

§ 20-141.10. Street takeover.
(a) The following definitions apply to this section:
(1) Reserved for future codification purposes.
(2) Burnout. – Operation of a motor vehicle where the motor vehicle is kept stationary, or is in motion, while the wheels are spun, resulting in friction which causes the motor vehicle's tires to heat up and emit smoke.
(3) Doughnut. – Operation of a motor vehicle where the front or rear of the motor vehicle is rotated around the opposite set of wheels in a continuous motion which may cause a circular skid-mark pattern of rubber on the driving surface or the tires to heat up and emit smoke from friction, or both.
(4) Drifting. – Operation of a motor vehicle where the motor vehicle is steered so that it makes a controlled skid sideways through a turn with the front wheels pointed in a direction opposite to that of the turn.
(5) Reserved for future codification purposes.
(8) Street takeover. – The unauthorized taking over of a portion of highway, street, or public vehicular area by blocking or impeding the regular flow of traffic with a motor vehicle to perform a motor vehicle stunt, contest, or exhibition.
(9) Stunt. – A burnout, doughnut, wheelie, drifting, or other dangerous motor vehicle activity.
(10) Wheelie. – Operation of a motor vehicle where the motor vehicle is ridden for a distance with the front wheel or wheels raised off the ground.
(b) It shall be unlawful for any person to operate a motor vehicle in a street takeover. Any person who knowingly violates this subsection is guilty of a Class A1 misdemeanor and shall pay a fine of no less than one thousand dollars ($1,000). A subsequent violation of this subsection within a 24-month period is a Class H felony, including a minimum fine equal to twice the value of the vehicle involved in the offense but no less than one thousand dollars ($1,000).
(c) It shall be unlawful to knowingly participate in, coordinate through social media or otherwise, commit an overt act in furtherance of, or facilitate a street takeover. Any person who violates this subsection is guilty of a Class A1 misdemeanor. Mere presence alone without an intentional act is not sufficient to sustain a conviction under this section.
(e) A person who violates subsection (b) of this section and assaults a law enforcement officer or knowingly and willfully threatens a law enforcement officer shall be guilty of a Class H felony.
(f) A motor vehicle involved in a violation of subsection (b) of this section may be seized in accordance with the provisions of G.S. 20-141.3(g). (2023-97, s. 2(a).)
2023 North Carolina General Statutes › Chapter 20 - Motor Vehicles › Article 3 - Motor Vehicle Act of 1937. › § 20-142.1 - Obedience to railroad signal.

§ 20-142.1. Obedience to railroad signal.
(a) Whenever any person driving a vehicle approaches a railroad grade crossing under any of the circumstances stated in this section, the driver of the vehicle shall stop within 50 feet, but not less than 15 feet from the nearest rail of the railroad and shall not proceed until he can do so safely. These requirements apply when:
(1) A clearly visible electrical or mechanical signal device gives warning of the immediate approach of a railroad train or on-track equipment;
(2) A crossing gate is lowered or when a human flagman gives or continues to give a signal of the approach or passage of a railroad train or on-track equipment;
(3) A railroad train or on-track equipment approaching within approximately 1500 feet of the highway crossing emits a signal audible from that distance, and the railroad train or on-track equipment is an immediate hazard because of its speed or nearness to the crossing; or
(4) An approaching railroad train or on-track equipment is plainly visible and is in hazardous proximity to the crossing.
(b) No person shall drive any vehicle through, around, or under any crossing gate or barrier at a railroad crossing while the gate or barrier is closed or is being opened or closed, nor shall any pedestrian pass through, around, over, or under any crossing gate or barrier at a railroad crossing while the gate or barrier is closed or is being opened or closed.
(c) When stopping as required at a railroad crossing, the driver shall keep as far to the right of the highway as possible and shall not form two lanes of traffic unless the roadway is marked for four or more lanes of traffic.
(d) Any person who violates any provisions of this section shall be guilty of an infraction and punished in accordance with G.S. 20-176. Violation of this section shall not constitute negligence per se.
(e) An employer who knowingly allows, requires, permits, or otherwise authorizes a driver of a commercial motor vehicle to violate this section shall be guilty of an infraction. Such employer will also be subject to a civil penalty under G.S. 20-37.21. (1991, c. 368, s. 1; 2005-349, s. 12; 2019-36, s. 2.)
2023 North Carolina General Statutes › Chapter 20 - Motor Vehicles › Article 3 - Motor Vehicle Act of 1937. › § 20-142.2 - Vehicles stop at certain grade crossing.

§ 20-142.2. Vehicles stop at certain grade crossing.
The Department of Transportation may designate particularly dangerous highway crossings of railroads and erect stop signs at those crossings. When a stop sign is erected at a highway crossing of a railroad, the driver of any vehicle shall stop within 50 feet but not less than 15 feet from the nearest rail of such grade crossing and shall proceed only upon exercising due care. Any person who violates this section shall be guilty of an infraction and punished in accordance with G.S. 20-176. Violation of this section shall not constitute negligence per se. An employer who knowingly allows, requires, permits, or otherwise authorizes a driver of a commercial motor vehicle to violate this section shall be guilty of an infraction. Such employer will also be subject to a civil penalty under G.S. 20-37.21. (1991, c. 368, s. 1; 2005-349, s. 13.)
2023 North Carolina General Statutes › Chapter 20 - Motor Vehicles › Article 3 - Motor Vehicle Act of 1937. › § 20-142.3 - Certain vehicles must stop at railroad grade crossing.

§ 20-142.3. Certain vehicles must stop at railroad grade crossing.
(a) Before crossing at grade any track or tracks of a railroad, the driver of any school bus, any activity bus, any motor vehicle carrying passengers for compensation, any commercial motor vehicle listed in 49 C.F.R. § 392.10, and any motor vehicle with a capacity of 16 or more persons shall stop the vehicle within 50 feet but not less than 15 feet from the nearest rail of the railroad. While stopped, the driver shall listen and look in both directions along the track for any approaching train or on-track equipment and shall not proceed until the driver can do so safely. Upon proceeding, the driver of the vehicle shall cross the track in a gear that allows the driver to cross the track without changing gears and the driver shall not change gears while crossing the track or tracks.
(b) Except for school buses and activity buses, the provisions of this section shall not require the driver of a vehicle to stop:
(1) At railroad tracks used exclusively for industrial switching purposes within a business district.
(2) At a railroad grade crossing which a police officer or crossing flagman directs traffic to proceed.
(3) At a railroad grade crossing protected by a gate or flashing signal designed to stop traffic upon the approach of a train or on-track equipment, when the gate or flashing signal does not indicate the approach of a train or on-track equipment.
(4) At an abandoned railroad grade crossing which is marked with a sign indicating that the rail line is abandoned.
(5) At an industrial or spur line railroad grade crossing marked with a sign reading "Exempt" erected by or with the consent of the appropriate State or local authority.
(c) A person violating the provisions of this section shall be guilty of an infraction and punished in accordance with G.S. 20-176. Violation of this section shall not constitute negligence per se.
(d), (e) Repealed by Session Laws 2001-487, s. 50(g).
(f) An employer who knowingly allows, requires, permits, or otherwise authorizes a driver of a commercial motor vehicle to violate this section shall be guilty of an infraction. Such employer will also be subject to a civil penalty under G.S. 20-37.21. (1991, c. 368, s. 1; 1999-274, ss. 1, 2; 2001-487, s. 50(g); 2005-349, s. 14; 2019-36, s. 3.)