North Carolina Administrative Code › Title 14B - Public Safety › Chapter 07 - STATE HIGHWAY PATROL › Subchapter A - ENFORCEMENT REGULATIONS › Section .0100 - ENFORCEMENT REGULATIONS › Section 07A .0103 - DEFINITIONS

Current through Register Vol. 39, No. 2, July 15, 2024
The following definitions shall apply to the words and
					 phrases found in this Chapter.
(1)
				  Applicant. A person or corporation owning a wrecker service and applying for
				  inclusion on the Patrol Rotation Wrecker List.
(2) Wrecker Service. A person or corporation
				  engaged in the business of, or offering the services of, and owning a wrecker
				  service or towing service whereby motor vehicles are or may be towed or
				  otherwise removed from one place to another by the use of a motor vehicle
				  manufactured and designed for the primary purpose of removing and towing
				  disabled motor vehicles.
(3) Car
				  Carrier or "Rollback". A car carrier or rollback is a vehicle transport
				  designed to tow or carry vehicles damage-free. The truck chassis shall have a
				  minimum gross vehicle weight rating (GVWR) of 14,500 pounds. Two lift
				  cylinders, minimum two and one-half inch bore; Individual power winch pulling
				  capacity of not less than 8,000 pounds; a length of wire rope (cable) on winch
				  drum with a working load limit (WLL) that meets or exceeds the pulling capacity
				  of the power winch utilized; and four tie down hook safety chains. The carrier
				  bed shall be a minimum of 16 feet in length and a minimum of 84 inches in width
				  inside side rails. A cab protector, constructed of aluminum or steel, must
				  extend a minimum of 10 inches above the height of the bed. A "rollback" is not
				  considered a small or large wrecker.
(4) Computerized Rotation Wrecker List. The
				  names of those Wrecker Services that have been approved by the District First
				  Sergeant to be included on the Patrol Rotation Log and entered in the Computer
				  Assisted Dispatch (CAD) System. There shall be separate rotation wrecker lists
				  for large and small wreckers for each Rotation Wrecker Zone.
(5) Debris. Includes any parts of a vehicle
				  or material that may be strewn upon the surface of the roadway or highway
				  right-of-way as a result of the collision and which may reasonably be cleared
				  or removed. This definition shall also include any mud, soil, antifreeze,
				  transmission, brake or other liquids/fluids that have been deposited onto the
				  surface of the roadway as a result of a vehicle collision. Debris does not
				  include cargo from property hauling vehicles or hazardous materials that are
				  required to be handled by local hazardous materials teams.
(6) Large Wrecker. A truck chassis having a
				  minimum gross vehicle weight (GVWR) of 26,001 pounds and a boom assembly having
				  a minimum lifting capacity of 40,000 pounds as rated by the manufacturer;
				  tandem axles or cab to axle length of no less than 102 inches; a length of wire
				  rope (cable) with a working load limit (WLL) that meets or exceeds the pulling
				  capacity of the power winch utilized on each drum; airbrake so constructed as
				  to lock wheels automatically upon failure; and additional safety equipment as
				  specified by the rules in this Chapter.
(7) Manual Rotation Wrecker List. A list of
				  names of those wreckers that have been approved by the District First Sergeant
				  to be included on the Patrol Rotation Wrecker List and entered into a Manual
				  list that is to be used only when the CAD System is down. There shall be
				  separate manual lists for large and small wreckers for each Rotation Wrecker
				  Zone. These lists shall be maintained by the Troop Communications
				  Center.
(8) Minor Violations.
				  Violations of the rules in this Chapter which do not require removal for a
				  definitive time, may be readily corrected, and do not involve a criminal act or
				  pose a threat to the safety and well being of the public.
(9) Major Violations. All violations of the
				  rules in this Chapter not determined to be minor.
(10) Open Enrollment Period. The period of
				  time between November 1st and November 30th each calendar year in which
				  applications or reapplications for inclusion to the Highway Patrol Rotation
				  Wrecker List for the next calendar year may be submitted.
(11) Rotation Wrecker List. A list of wrecker
				  services that have met the rules of the Patrol and whose vehicles are properly
				  registered with the Division of Motor Vehicles.
(12) Removal. Being taken off the Patrol
				  Rotation Wrecker List for a determinate or indeterminate period of
				  time.
(13) Storage Facility. A
				  lighted off street storage facility secured by a minimum 6 foot high chain link
				  fence, or a fence of similar strength, or other barrier sufficient to deter
				  trespassing or vandalism; and where all entrances and exits are secure from
				  public access. The lot shall be of sufficient size to accommodate all vehicles
				  towed by the wrecker service for the Patrol. Storage facilities shared by two
				  or more wrecker services may not be used to satisfy the facility requirement in
				  Rule .0321(a)(2) of this Section.
(14) Small Wrecker means a truck chassis
				  having a minimum gross vehicle weight (GVWR) rating of 10,000 pounds and a
				  maximum GVWR that does not exceed 26,000 pounds; a boom assembly having a
				  minimum lifting power of 8,000 pounds as rated by the manufacturer; an 8,000
				  pound rated winch with a length of wire rope (cable) on winch drum with a
				  working load limit (WLL) that meets or exceeds the pulling capacity of the
				  power winch utilized; a belt-type tow plate or tow sling assembly; a wheel-lift
				  with a retracted lifting capacity of no less than 3,500 pounds; dual rear
				  wheels; and additional safety equipment as specified by the rules in this
				  Chapter.
(15) Rotation Wrecker Zone
				  means a geographic area which may encompass all or part of a District of a
				  Troop.
(16) Member means all
				  uniformed personnel of the Patrol who are charged with enforcement
				  duties.
Authority
					 G.S.
					 20-184;
					 20-185;
					 20-187;
					 20-188;
Temporary
					 Adoption Eff. June 9, 2000;
Eff. April 1 2001;
Amended
					 Eff. July 18, 2008;
Transferred from
					 14A NCAC
					 09H .0308 Eff. June 1, 2013;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. January 3,
					 2017.