reglab/statecodes huggingface dataset:
North Carolina Administrative Code › Title 14B - Public Safety › Chapter 06 - ALCOHOL LAW ENFORCEMENT › Subchapter C - ADMINISTRATION: INVESTIGATION: AND ENFORCEMENT › Section .0700 - ADMINISTRATIVE DUTIES › Section 06C .0701-.0703 - EXPIRED

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 18B-500;
					 143B-10;
Eff.
					 February 1, 1980;
Amended Eff. August 1, 1988; January 1, 1984;
					 April 1, 1980;
Transferred from
					 14A NCAC
					 08H .0701 Eff. June 1, 2013 (14B NCAC 06C
					 .0701);
Transferred from
					 14A NCAC
					 08H .0702 Eff. June 1, 2013 (14B NCAC 06C
					 .0702);
Transferred from
					 14A NCAC
					 08H .0703 Eff. June 1, 2013 (14B NCAC 06C
					 .0703);
Expired Eff. February 1, 2017
					 pursuant to
					 G. S.
					 150B-21.3A.
North Carolina Administrative Code › Title 14B - Public Safety › Chapter 06 - ALCOHOL LAW ENFORCEMENT › Subchapter C - ADMINISTRATION: INVESTIGATION: AND ENFORCEMENT › Section .0800 - COMMUNICATIONS WITH ABC STAFF › Section 06C .0801-.0803 - EXPIRED

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 18B-500;
					 143B-10;
Eff.
					 February 1, 1980;
Amended Eff. August 1, 1988; January 1,
					 1984;
Transferred from
					 14A NCAC
					 08H .0801 Eff. June 1, 2013 (14B NCAC 06C
					 .0801);
Transferred from
					 14A NCAC
					 08H .0802 Eff. June 1, 2013 (14B NCAC 06C
					 .0802);
Transferred from
					 14A NCAC
					 08H .0803 Eff. June 1, 2013 (14B NCAC 06C
					 .0803);
Expired Eff. February 1, 2017
					 pursuant to
					 G. S.
					 150B-21.3A.
North Carolina Administrative Code › Title 14B - Public Safety › Chapter 06 - ALCOHOL LAW ENFORCEMENT › Subchapter C - ADMINISTRATION: INVESTIGATION: AND ENFORCEMENT › Section .0900 - RELATIONS WITH OTHER LAW ENFORCEMENT AGENCIES › Section 06C .0901-.0902 - EXPIRED

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 18B-500;
					 143B-10;
Eff.
					 February 1, 1980;
Amended Eff. August 1, 1988;
Transferred from
					 14A NCAC
					 08H .0901 Eff. June 1, 2013 (14B NCAC 06C
					 .0901);
Transferred from
					 14A NCAC
					 08H .0902 Eff. June 1, 2013 (14B NCAC 06C
					 .0902);
Expired Eff. February 1, 2017
					 pursuant to
					 G. S.
					 150B-21.3A.
North Carolina Administrative Code › Title 14B - Public Safety › Chapter 06 - ALCOHOL LAW ENFORCEMENT › Subchapter C - ADMINISTRATION: INVESTIGATION: AND ENFORCEMENT › Section .1000 - DRUG ACTIVITIES › Section 06C .1001-.1003 - EXPIRED

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 18B-500;
					 143B-10;
Eff.
					 February 1, 1980;
Amended Eff. January 1, 1984; August 1,
					 1988;
Transferred from
					 14A NCAC
					 08H .1001 Eff. June 1, 2013 (14B NCAC 06C
					 .1001);
Transferred from
					 14A NCAC
					 08H .1002 Eff. June 1, 2013 (14B NCAC 06C
					 .1002);
Transferred from
					 14A NCAC
					 08H .1003 Eff. June 1, 2013 (14B NCAC 06C
					 .1003);
Expired Eff. February 1, 2017
					 pursuant to
					 G.S.
					 150B-21.3A.
North Carolina Administrative Code › Title 14B - Public Safety › Chapter 06 - ALCOHOL LAW ENFORCEMENT › Subchapter C - ADMINISTRATION: INVESTIGATION: AND ENFORCEMENT › Section .1100 - OTHER ENFORCEMENT ACTIONS › Section 06C .1101-.1104 - EXPIRED

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 15A-501;
					 15A-541;
					 18B-500;
					 143B-10;
Eff.
					 February 1, 1980;
Amended Eff. August 1, 1988; January 1,
					 1984;
Transferred from
					 14A NCAC
					 08H .1101 Eff. June 1, 2013 (14B NCAC 06C
					 .1101);
Transferred from
					 14A NCAC
					 08H .1102 Eff. June 1, 2013 (14B NCAC 06C
					 .1102);
Transferred from
					 14A NCAC
					 08H .1103 Eff. June 1, 2013 (14B NCAC 06C
					 .1103);
Transferred from
					 14A NCAC
					 08H .1104 Eff. June 1, 2013 (14B NCAC 06C
					 .1104);
Expired Eff. February 1, 2017
					 pursuant to
					 G. S.
					 150B-21.3A.
North Carolina Administrative Code › Title 14B - Public Safety › Chapter 06 - ALCOHOL LAW ENFORCEMENT › Subchapter C - ADMINISTRATION: INVESTIGATION: AND ENFORCEMENT › Section .1200 - CIVIL DISTURBANCES › Section 06C .1201-.1202 - EXPIRED

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 18B-500;
					 143B-10;
Eff.
					 February 1, 1980;
Amended Eff. August 1, 1988; January 1,
					 1984;
Transferred from
					 14A NCAC
					 08H .1201 Eff. June 1, 2013 (14B NCAC 06C
					 .1201);
Transferred from
					 14A NCAC
					 08H .1202 Eff. June 1, 2013 (14B NCAC 06C
					 .1202);
Expired Eff. February 1, 2017
					 pursuant to
					 G.S.
					 150B-21.3A.
North Carolina Administrative Code › Title 14B - Public Safety › Chapter 06 - ALCOHOL LAW ENFORCEMENT › Subchapter C - ADMINISTRATION: INVESTIGATION: AND ENFORCEMENT › Section .1300 - WRECKER SERVICE › Section 06C .1301-.1302 - EXPIRED

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 18B-500;
					 143B-10;
Eff.
					 February 1, 1980;
Amended Eff. August 1, 1988;
Transferred from
					 14A NCAC
					 08H .1301 Eff. June 1, 2013 (14B NCAC 06C
					 .1301);
Transferred from
					 14A NCAC
					 08H .1302 Eff. June 1, 2013 (14B NCAC 06C
					 .1302);
Expired Eff. February 1, 2017
					 pursuant to
					 G.S.
					 150B-21.3A.
North Carolina Administrative Code › Title 14B - Public Safety › Chapter 06 - ALCOHOL LAW ENFORCEMENT › Subchapter C - ADMINISTRATION: INVESTIGATION: AND ENFORCEMENT › Section .1400 - ALE ESCORTS AND RELAYS › Section 06C .1401-.1404 - EXPIRED

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 18B-500;
					 143B-10;
Eff.
					 February 1, 1980;
Amended Eff. August 1, 1988;
Transferred from
					 14A NCAC
					 08H .1401 Eff. June 1, 2013 (14B NCAC 06C
					 .1401);
Transferred from
					 14A NCAC
					 08H .1402 Eff. June 1, 2013 (14B NCAC 06C
					 .1402);
Transferred from
					 14A NCAC
					 08H .1403 Eff. June 1, 2013 (14B NCAC 06C
					 .1403);
Transferred from
					 14A NCAC
					 08H .1404 Eff. June 1, 2013 (14B NCAC 06C
					 .1404);
Expired Eff. February 1, 2017
					 pursuant to
					 G.S.
					 150B-21.3A.
North Carolina Administrative Code › Title 14B - Public Safety › Chapter 06 - ALCOHOL LAW ENFORCEMENT › Subchapter C - ADMINISTRATION: INVESTIGATION: AND ENFORCEMENT › Section .1500 - USE OF ALE CARS AND AIRCRAFT › Section 06C .1501-.1504 - EXPIRED

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 18B-500;
					 143B-10;
Eff.
					 February 1, 1980;
Amended Eff. August 1, 1988; January 1, 1984;
					 April 1, 1980;
Transferred from
					 14A NCAC
					 08H .1501 Eff. June 1, 2013 (14B NCAC 06C
					 .1501);
Transferred from
					 14A NCAC
					 08H .1502 Eff. June 1, 2013 (14B NCAC 06C
					 .1502);
Transferred from
					 14A NCAC
					 08H .1503 Eff. June 1, 2013 (14B NCAC 06C
					 .1503);
Transferred from
					 14A NCAC
					 08H .1504 Eff. June 1, 2013 (14B NCAC 06C
					 .1503);
Expired Eff. February 1, 2017
					 pursuant to
					 G.S.
					 150B-21.3A.
North Carolina Administrative Code › Title 14B - Public Safety › Chapter 06 - ALCOHOL LAW ENFORCEMENT › Subchapter C - ADMINISTRATION: INVESTIGATION: AND ENFORCEMENT › Section .1600 - USE OF PHYSICAL FORCE: FIREARMS › Section 06C .1601 - EXPIRED - USE OF FORCE

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 15A-401;
					 18B-500;
					 143B-10;
Eff.
					 February 1, 1980;
Amended Eff. August 1, 1988; January 1,
					 1984;
Transferred from
					 14A NCAC
					 08H .1601 Eff. June 1, 2013;
Expired Eff. February 1, 2017 pursuant to
					 G.S.
					 150B-21.3A.
North Carolina Administrative Code › Title 14B - Public Safety › Chapter 06 - ALCOHOL LAW ENFORCEMENT › Subchapter C - ADMINISTRATION: INVESTIGATION: AND ENFORCEMENT › Section .1600 - USE OF PHYSICAL FORCE: FIREARMS › Section 06C .1602-.1603 - EXPIRED

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 18B-500;
					 143B-10;
Eff.
					 January 1, 1984;
Amended Eff. August 1, 1988;
Transferred from
					 14A NCAC
					 08H .1603 Eff. June 1, 2013 (14B NCAC 06C
					 .1602);
Transferred from
					 14A NCAC
					 08H .1604 Eff. June 1, 2013 (14B NCAC 06C
					 .1603);
Expired Eff. February 1, 2017
					 pursuant to
					 G.S.
					 150B-21.3A.
North Carolina Administrative Code › Title 14B - Public Safety › Chapter 06 - ALCOHOL LAW ENFORCEMENT › Subchapter C - ADMINISTRATION: INVESTIGATION: AND ENFORCEMENT › Section .1700 - PERSONS IN CUSTODY › Section 06C .1701-.1705 - EXPIRED

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 18B-500;
					 143B-10;
Eff.
					 February 1, 1980;
Amended Eff. August 1, 1988; January 1,
					 1984;
Transferred from
					 14A NCAC
					 08H .1701 Eff. June 1, 2013 (14B NCAC 06C
					 .1701);
Transferred from
					 14A NCAC
					 08H .1702 Eff. June 1, 2013 (14B NCAC 06C
					 .1702);
Transferred from
					 14A NCAC
					 08H .1703 Eff. June 1, 2013 (14B NCAC 06C
					 .1703);
Transferred from
					 14A NCAC
					 08H .1704 Eff. June 1, 2013 (14B NCAC 06C
					 .1704);
Transferred from
					 14A NCAC
					 08H .1705 Eff. June 1, 2013 (14B NCAC 06C
					 .1705);
Expired Eff. February 1, 2017
					 pursuant to
					 G.S.
					 150B-21.3A.
North Carolina Administrative Code › Title 14B - Public Safety › Chapter 06 - ALCOHOL LAW ENFORCEMENT › Subchapter C - ADMINISTRATION: INVESTIGATION: AND ENFORCEMENT › Section .1800 - INFORMATION TO NEWS MEDIA › Section 06C .1801-.1805 - EXPIRED

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 18B-500;
					 143B-10;
Eff.
					 February 1, 1980;
Amended Eff. August 1, 1988; January 1, 1984;
					 April 1, 1980;
Transferred from
					 14A NCAC
					 08H .1801 Eff. June 1, 2013 (14B NCAC 06C
					 .1801);
Transferred from
					 14A NCAC
					 08H .1802 Eff. June 1, 2013 (14B NCAC 06C
					 .1802);
Transferred from
					 14A NCAC
					 08H .1803 Eff. June 1, 2013 (14B NCAC 06C
					 .1803);
Transferred from
					 14A NCAC
					 08H .1804 Eff. June 1, 2013 (14B NCAC 06C
					 .1804);
Transferred from
					 14A NCAC
					 08H .1805 Eff. June 1, 2013 (14B NCAC 06C
					 .1805);
Expired Eff. February 1, 2017
					 pursuant to
					 G.S.
					 150B-21.3A.
North Carolina Administrative Code › Title 14B - Public Safety › Chapter 06 - ALCOHOL LAW ENFORCEMENT › Subchapter C - ADMINISTRATION: INVESTIGATION: AND ENFORCEMENT › Section .1900 - LEAVING ASSIGNED DUTY STATION › Section 06C .1901-.1903 - EXPIRED

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 18B-500;
					 143B-10;
Eff.
					 February 1, 1980;
Amended Eff. August 1, 1988;
Transferred from
					 14A NCAC
					 08H .1901 Eff. June 1, 2013 (14B NCAC 06C
					 .1901);
Transferred from
					 14A NCAC
					 08H .1902 Eff. June 1, 2013 (14B NCAC 06C
					 .1902);
Transferred from
					 14A NCAC
					 08H .1903 Eff. June 1, 2013 (14B NCAC 06C
					 .1903);
Expired Eff. February 1, 2017
					 pursuant to
					 G.S.
					 150B-21.3A.
North Carolina Administrative Code › Title 14B - Public Safety › Chapter 06 - ALCOHOL LAW ENFORCEMENT › Subchapter D - EFFECT AND USE OF MANUAL: LIABILITY › Section .0100 - EFFECT AND USE OF MANUAL: LIABILITY › Section 06D .0101-.0102 - EXPIRED

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 18B-500;
					 143B-10;
Eff.
					 February 1, 1980;
Amended Eff. August 1, 1988;
Transferred from
					 14A NCAC
					 08I .0101 Eff. June 1, 2013 (14B NCAC 06D
					 .0101);
Transferred from
					 14A NCAC
					 08I .0102 Eff. June 1, 2013 (14B NCAC 06D
					 .0102);
Expired Eff. February 1, 2017
					 pursuant to
					 G.S.
					 150B-21.3A.
North Carolina Administrative Code › Title 14B - Public Safety › Chapter 07 - STATE HIGHWAY PATROL › Subchapter A - ENFORCEMENT REGULATIONS › Section .0100 - ENFORCEMENT REGULATIONS › Section 07A .0101 - REQUEST FOR ASSISTANCE

Current through Register Vol. 39, No. 2, July 15, 2024
(a) In the event
				  state assistance is deemed necessary by local officials to assist with riots,
				  mob violence or other civil disturbances, local government officials shall
				  contact the local Highway Patrol troop commander, district supervisor, patrol
				  communications center, patrol headquarters in Raleigh, or any available patrol
				  member. Local officials shall state the nature of the emergency and the need
				  for state assistance.
(b) If time
				  will permit, a patrol member may be immediately assigned to the scene to assess
				  the situation and to inform patrol headquarters officials as to the existing
				  situation and as to assistance needed.
(c) The patrol member assigned to assess the
				  situation shall ascertain the following:
(1)
				  whether local authorities have utilized all of their own forces and are unable
				  to control the situation; or
(2)
				  whether control of the situation is beyond the capabilities of the local
				  authorities; or
(3) whether local
				  authorities are taking appropriate action.
North Carolina Administrative Code › Title 14B - Public Safety › Chapter 07 - STATE HIGHWAY PATROL › Subchapter A - ENFORCEMENT REGULATIONS › Section .0100 - ENFORCEMENT REGULATIONS › Section 07A .0102 - COMMITMENT OF FORCES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Only the Patrol
				  Commander or his designated representative shall authorize the actual
				  commitment of patrol forces to assist local officials with civil disturbances,
				  after obtaining permission of the Secretary of the Department of Crime Control
				  and Public Safety or his representative or the Governor. Provided, however,
				  that pending instructions from patrol headquarters, the ranking patrol official
				  on the scene shall have the authority to temporarily commit such forces as are
				  necessary to control an emergency situation where it reasonably appears that
				  the lives of citizens are endangered or the destruction of public or private
				  property is threatened.
(b) Patrol
				  forces will work under the control of patrol officers, and patrol members will
				  assist in coordinating activities of all state patrol and local official
				  agencies involved. Any unlawful or unauthorized act on the part of any patrol
				  member will not be excusable on the grounds that it was the result of an order
				  or request received from a local officer or civil official.
Authority
					 G.S.
					 20-184;
					 20-185;
					 20-187;
					 20-188;
Eff. November
					 21, 1977;
Transferred from
					 14A NCAC
					 09H .0202 Eff. June 1, 2013;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. January 3,
					 2017.
North Carolina Administrative Code › Title 14B - Public Safety › Chapter 07 - STATE HIGHWAY PATROL › Subchapter A - ENFORCEMENT REGULATIONS › Section .0100 - ENFORCEMENT REGULATIONS › Section 07A .0104 - VEHICLE REMOVAL PROCEDURES

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  Vehicles on the paved or main-traveled portion of the highway:
(1) A member who encounters a vehicle parked,
				  disabled from a collision, or otherwise left standing on the paved or
				  main-traveled portion of the highway shall:
(A) remove the vehicle to a position off the
				  roadway;
(B) with consent from the
				  owner, operator, or legal possessor, arrange the transportation and storage of
				  the vehicle; or
(C) without consent
				  from the owner, operator, or legal possessor, arrange the transportation and
				  storage of the vehicle if the vehicle presents a hazard, a potential hazard or
				  otherwise as authorized by State law.
North Carolina Administrative Code › Title 14B - Public Safety › Chapter 07 - STATE HIGHWAY PATROL › Subchapter A - ENFORCEMENT REGULATIONS › Section .0100 - ENFORCEMENT REGULATIONS › Section 07A .0105 - SECURING VEHICLES WHEN OPERATOR IS ARRESTED

Current through Register Vol. 39, No. 2, July 15, 2024
Upon arresting or placing a vehicle operator in custody, a
					 member shall:
(1) With consent of
				  owner, operator, or legal possessor, allow another licensed, competent person
				  to drive or move the vehicle to a position off the roadway; or
(2) If no licensed, competent person is
				  present, or if the owner, operator, or legal possessor will not consent to such
				  removal, then a member may move the vehicle, if necessary, to a position off
				  the roadway, lock the vehicle and return the key to the owner, operator, or
				  legal possessor, except that, in any case where the operator of the vehicle is
				  arrested for DWI, a member shall either turn the keys over to the magistrate or
				  jailer or to a sober, responsible person.
Authority
					 G.S.
					 20-184;
					 20-188;
Temporary
					 Adoption Eff. June 9, 2000;
Eff. April 1, 2001;
Amended
					 Eff. July 18, 2008;
Transferred from
					 14A NCAC
					 09H .0310 Eff. June 1, 2013;
Readopted Eff. January 1, 2019.
North Carolina Administrative Code › Title 14B - Public Safety › Chapter 07 - STATE HIGHWAY PATROL › Subchapter A - ENFORCEMENT REGULATIONS › Section .0100 - ENFORCEMENT REGULATIONS › Section 07A .0106 - VEHICLES TRANSPORTED AND STORED OVER OBJECTION OF OWNER

Current through Register Vol. 39, No. 2, July 15, 2024
A member may transport and store a vehicle over the
					 objection or without consent of the owner, operator, or legal possessor
					 when:
(1) The vehicle cannot be
				  lawfully parked off the roadway;
(2) The vehicle is lawfully parked off the
				  roadway but creates a hazard;
(3)
				  The owner, operator, or legal possessor refuses or is unable to remove the
				  vehicle from the roadway;
(4) The
				  vehicle is subject to seizure pursuant to
				  G.S.
				  20-28.3 or other lawful authority;
				  or
(5) The vehicle is being
				  detained pursuant to
				  G.S.
				  20-96.
Authority
					 G.S.
					 20-184;
					 20-188;
Temporary
					 Adoption Eff. June 9, 2000;
Eff. April 1, 2001;
Amended
					 Eff. July 18, 2008;
Transferred from
					 14A NCAC
					 09H .0311 Eff. June 1, 2013;
Readopted Eff. January 1, 2019.
North Carolina Administrative Code › Title 14B - Public Safety › Chapter 07 - STATE HIGHWAY PATROL › Subchapter A - ENFORCEMENT REGULATIONS › Section .0100 - ENFORCEMENT REGULATIONS › Section 07A .0107 - PARKING VEHICLES OFF THE ROADWAY

Current through Register Vol. 39, No. 2, July 15, 2024
(a) A member
				  who removes or allows a vehicle to be removed to a position off the roadway
				  shall, when circumstances permit:
(1) Lawfully
				  park the vehicle in an apparently safe and secure location off the
				  main-traveled portion of the highway; or
(2) Place the vehicle in a position that
				  creates no apparent hazard or other interference with the regular flow of
				  traffic.
North Carolina Administrative Code › Title 14B - Public Safety › Chapter 07 - STATE HIGHWAY PATROL › Subchapter A - ENFORCEMENT REGULATIONS › Section .0100 - ENFORCEMENT REGULATIONS › Section 07A .0108 - TRANSPORTING AND STORING VEHICLES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) When
				  necessary for accident reconstruction or a criminal investigation when multiple
				  vehicles are involved in an incident, a single storage location shall be
				  designated. The storage facility of the first wrecker service dispatched shall
				  be used unless otherwise designated by a supervisor.
(b) When necessary for an accident
				  reconstruction or a criminal investigation, a member shall designate the indoor
				  or other storage facility a vehicle shall be stored to ensure preservation of
				  the evidence. The storage facility shall be the first wrecker service
				  dispatched unless otherwise designated by a supervisor.
(c) DWI seized vehicles shall be towed and
				  stored in accordance with instructions from the State or regional
				  contractor.
(d) Vehicles stored
				  pursuant to
				  G.S.
				  20-96 shall be held by the towing or storage
				  company until all civil assessment(s) have been satisfied and release is
				  approved by the investigating member.
Authority
					 G.S.
					 20-184;
					 20-188;
Temporary
					 Adoption Eff. June 9, 2000;
Eff. April 1, 2001;
Amended
					 Eff. July 18, 2008;
Transferred from
					 14A NCAC
					 09H .0313 Eff. June 1, 2013;
Readopted Eff. January 1, 2019.
North Carolina Administrative Code › Title 14B - Public Safety › Chapter 07 - STATE HIGHWAY PATROL › Subchapter A - ENFORCEMENT REGULATIONS › Section .0100 - ENFORCEMENT REGULATIONS › Section 07A .0109 - NOTIFICATION

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Unless exempted
				  by vehicle seizure law, the Troop Communications Center must notify the
				  registered owner when a vehicle is towed and stored. In order to accomplish
				  this, the authorizing member shall immediately notify the appropriate Troop
				  Communications Center of the following:
(1) a
				  description of the vehicle;
(2) the
				  place where the vehicle is stored;
(3) the procedure the owner must follow to
				  have the vehicle returned to him or her; and
(4) the procedure the owner must follow to
				  request a probable cause hearing on the towing.
North Carolina Administrative Code › Title 14B - Public Safety › Chapter 07 - STATE HIGHWAY PATROL › Subchapter A - ENFORCEMENT REGULATIONS › Section .0100 - ENFORCEMENT REGULATIONS › Section 07A .0110 - RELEASE OF VEHICLES

Current through Register Vol. 39, No. 2, July 15, 2024
If no legal justification to hold the vehicle exists, a
					 member shall authorize the release of a stored vehicle to the owner upon proof
					 of ownership.
Authority
					 G.S.
					 20-184;
					 20-187;
					 20-188;
Temporary
					 Adoption Eff. June 9, 2000;
Eff. April 1, 2001;
Amended
					 Eff. July 18, 2008;
Transferred from
					 14A NCAC
					 09H .0315 Eff. June 1, 2013;
Readopted Eff. January 1, 2019.
North Carolina Administrative Code › Title 14B - Public Safety › Chapter 07 - STATE HIGHWAY PATROL › Subchapter A - ENFORCEMENT REGULATIONS › Section .0100 - ENFORCEMENT REGULATIONS › Section 07A .0111 - VEHICLE INVENTORY

Current through Register Vol. 39, No. 2, July 15, 2024
(a) A member who
				  authorizes the transportation and storage of a vehicle in the absence of Form
				  Letter HP-305 signed by the owner, operator, or legal possessor shall take
				  precautions to protect all property in and on the vehicle prior to removal from
				  the scene.
(b) A Form Letter HP-305
				  signed by the owner, operator, or legal possessor is documentation that the
				  vehicle was not removed from the possession of such person; therefore, the
				  completion of a vehicle inventory is not required.
(c) The storage and security of the vehicle
				  and its contents become the responsibility of the wrecker service when the
				  vehicle is towed from the scene and stored at the wrecker service storage
				  facility. If the vehicle is to be stored at a Patrol facility, the storing
				  member shall conduct an inventory, itemizing all property contained in the
				  vehicle.
(d) All vehicles
				  inventoried pursuant to this Rule shall be inventoried at the time of storage
				  unless an emergency situation dictates otherwise. The inventory shall list all
				  items that are toxic, explosive, flammable, or of monetary value. Unless locked
				  or securely wrapped, all containers in the vehicle, whether open or closed,
				  shall be opened to determine contents unless evidence is discovered to indicate
				  that opening the container may subject the member to exposure of toxic,
				  flammable, or explosive substances. Locked or securely wrapped luggage,
				  packages, and containers shall not be opened except as otherwise authorized by
				  law or by owner consent, but shall be indicated on the inventory list as locked
				  or securely wrapped items. Locked or securely wrapped containers (luggage,
				  attaché cases, etc.) shall be considered as units of inventory and shall
				  not be searched without obtaining consent or a search warrant unless there is
				  evident danger to the member or public. The member shall seek to obtain a
				  search warrant when there is probable cause for a search of the vehicle or its
				  contents when time and conditions permit.
Authority
					 G.S.
					 20-184;
					 20-187;
					 20-188;
Temporary
					 Adoption Eff. June 9, 2000;
Eff. April 1, 2001;
Amended
					 Eff. July 18, 2008;
Transferred from
					 14A NCAC
					 09H .0316 Eff. June 1, 2013;
Readopted Eff. January 1, 2019.
North Carolina Administrative Code › Title 14B - Public Safety › Chapter 07 - STATE HIGHWAY PATROL › Subchapter A - ENFORCEMENT REGULATIONS › Section .0100 - ENFORCEMENT REGULATIONS › Section 07A .0112 - REIMBURSEMENT OF WRECKER OPERATORS

Current through Register Vol. 39, No. 2, July 15, 2024
If a court orders the release of any vehicle without
					 payment of transportation and storage costs, the member shall obtain a
					 statement of the transportation and storage fees. The Patrol may decide to
					 appeal this court order. If the Patrol does not appeal, then the Patrol shall
					 compensate the wrecker operator for reasonable transportation and storage fees
					 in cases where no appeal is taken. When an appeal is taken, the Patrol shall
					 not compensate wrecker operators until all appeals are
					 exhausted.
Authority
					 G.S.
					 20-184;
					 20-187;
					 20-188;
Temporary
					 Adoption Eff. June 9, 2000;
Eff. April 1, 2001;
Amended
					 Eff. July 18, 2008;
Transferred from
					 14A NCAC
					 09H .0317 Eff. June 1, 2013;
Readopted Eff. January 1, 2019.
North Carolina Administrative Code › Title 14B - Public Safety › Chapter 07 - STATE HIGHWAY PATROL › Subchapter A - ENFORCEMENT REGULATIONS › Section .0100 - ENFORCEMENT REGULATIONS › Section 07A .0113 - REPEALED - FINANCIAL INTEREST

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 20-184;
					 20-185;
					 20-187;
					 20-188;
Temporary
					 Adoption Eff. June 9, 2000;
Eff. April 1, 2001;
Transferred from
					 14A NCAC
					 09H .0318 Eff. June 1, 2013;
Repealed Eff. January 1, 2019.
North Carolina Administrative Code › Title 14B - Public Safety › Chapter 07 - STATE HIGHWAY PATROL › Subchapter A - ENFORCEMENT REGULATIONS › Section .0100 - ENFORCEMENT REGULATIONS › Section 07A .0114 - IMPARTIAL USE OF SERVICES

Current through Register Vol. 39, No. 2, July 15, 2024
The Patrol shall use wrecker services to tow disabled,
					 seized, wrecked, or abandoned vehicles. Members of the Patrol shall assure the
					 impartial use of wrecker services through compliance with this Subchapter. In
					 no event shall any member recommend any wrecker service, motor club, or
					 automobile membership service to the owner or driver of a wrecked or disabled
					 vehicle, nor shall any member recommend the services of a particular wrecker
					 service, motor club, or automobile membership service in the performance of his
					 or her duties. Members shall, whenever possible and practicable, dispatch the
					 wrecker service requested by the motorist requiring such
					 services.
Authority
					 G.S.
					 20-184;
					 20-187;
					 20-188;
Temporary
					 Adoption Eff. June 9, 2000;
Eff. April 1, 2001;
Transferred from
					 14A NCAC
					 09H .0319 Eff. June 1, 2013;
Readopted Eff. January 1, 2019.
North Carolina Administrative Code › Title 14B - Public Safety › Chapter 07 - STATE HIGHWAY PATROL › Subchapter A - ENFORCEMENT REGULATIONS › Section .0100 - ENFORCEMENT REGULATIONS › Section 07A .0115 - ROTATION, ZONE, CONTRACT, AND DEVIATION FROM SYSTEM

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The
				  Troop Commander shall arrange for the Telecommunications Center to maintain a
				  rotation wrecker system within each District of the Troop that shall include
				  any of the following:
(1) Separate
				  computerized large and small rotation wrecker lists and manual rotation lists
				  for the entire District, whereby wrecker services are called in the order they
				  appear on a list;
(2) A zone system
				  within the District, with a rotation wrecker list being maintained in each
				  Rotation Wrecker Zone;
(3) A zone,
				  contract, or other system operated in conjunction with one or more local
				  agencies; or
(4) A combination of
				  any such system.
North Carolina Administrative Code › Title 14B - Public Safety › Chapter 07 - STATE HIGHWAY PATROL › Subchapter A - ENFORCEMENT REGULATIONS › Section .0100 - ENFORCEMENT REGULATIONS › Section 07A .0117 - RECORDING WRECKER REQUESTS/INCIDENTS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Members investigating collisions shall
				  enter on the Collision Report Form the authorization for removal of vehicles
				  from the scene.
(b) Members shall
				  submit written verification of wrecker requests on Patrol Form
				  HP-305.
(c) Members observing any
				  violations of the rotation wrecker rules shall notify the District First
				  Sergeant.
(d) Complaints concerning
				  any wrecker service on the rotation wrecker list, whether instituted by the
				  public or by a member, shall be investigated by the District First Sergeant or
				  designee.
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 .0322 Eff. June 1, 2013;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. January 3,
					 2017.
North Carolina Administrative Code › Title 14B - Public Safety › Chapter 07 - STATE HIGHWAY PATROL › Subchapter A - ENFORCEMENT REGULATIONS › Section .0100 - ENFORCEMENT REGULATIONS › Section 07A .0118 - SANCTIONS FOR VIOLATIONS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) If a
				  District First Sergeant determines that a violation of the rules in this
				  Section has occurred, the First Sergeant may:
(1) Issue a written warning and request for
				  compliance to the wrecker service;
(2) Remove the wrecker service from the
				  rotation wrecker list until corrective measures have been taken to bring the
				  wrecker service into compliance with the rules in this Section and verification
				  of such compliance has been demonstrated; or
(3) Remove the wrecker service from the
				  rotation wrecker list for a period of time.
North Carolina Administrative Code › Title 14B - Public Safety › Chapter 07 - STATE HIGHWAY PATROL › Subchapter A - ENFORCEMENT REGULATIONS › Section .0100 - ENFORCEMENT REGULATIONS › Section 07A .0120 - EMERGENCY MEDICAL RELAYS

Current through Register Vol. 39, No. 2, July 15, 2024
Emergency medical relays may be made by patrol members
					 whenever an actual emergency situation exists. The procedures listed in this
					 Regulation shall be followed:
(1)
				  Emergency relays will be authorized only when there is imminent danger of death
				  or additional injury to the person being treated.
(2) An emergency relay may be authorized only
				  when there is no alternate means of transportation available which could as
				  effectively perform the service.
(3) Hospital personnel must contact the local
				  troop commander, his designee or the patrol headquarters officer of the day
				  through the Raleigh communications center to obtain authorization for a medical
				  relay.
Authority
					 G.S.
					 20-184;
					 20-185;
					 20-187;
					 20-188;
Eff. November
					 21, 1977;
Transferred from
					 14A NCAC
					 09H .0505 Eff. June 1, 2013;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. January 3,
					 2017.
North Carolina Administrative Code › Title 14B - Public Safety › Chapter 07 - STATE HIGHWAY PATROL › Subchapter B - EFFECT AND USE OF MANUAL: LIABILITY › Section .0100 - EFFECT AND USE OF MANUAL: LIABILITY › Section 07B .0101-.0102 - EXPIRED

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 20-184;
					 20-185;
					 20-187;
					 20-188;
Eff. November
					 21, 1977;
Transferred from
					 14A NCAC
					 09I .0101 Eff. June 1, 2013 (14B NCAC 07B
					 .0101);
Transferred from
					 14A NCAC
					 09I .0102 Eff. June 1, 2013 (14B NCAC 07B
					 .0102);
Expired Eff. February 1, 2017
					 pursuant to
					 G.S.
					 150B-21.3A.
North Carolina Administrative Code › Title 14B - Public Safety › Chapter 07 - STATE HIGHWAY PATROL › Subchapter B - EFFECT AND USE OF MANUAL: LIABILITY › Section .0100 - EFFECT AND USE OF MANUAL: LIABILITY › Section 07B .0103 - EXPIRED - NO CONTRACT RIGHTS

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 20-184;
					 20-185;
					 20-187;
					 20-188;
Eff. October
					 1, 1987;
Transferred from
					 14A NCAC
					 09I .0103 Eff. June 1, 2013;
Expired Eff. February 1, 2017 pursuant to
					 G.S.
					 150B-21.3A.
North Carolina Administrative Code › Title 14B - Public Safety › Chapter 07 - STATE HIGHWAY PATROL › Subchapter C - MOTOR CARRIER SAFETY REGULATIONS › Section .0100 - SAFETY RULES AND REGULATIONS › Section 07C .0101 - SAFETY OF OPERATION AND EQUIPMENT

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The
				  regulations adopted by the U.S. Department of Transportation relating to safety
				  of operation and equipment (49 CFR Parts 390 through 397) apply to all for-hire
				  motor carriers and all for-hire motor carrier vehicles, and all private motor
				  carriers and all private motor carrier vehicles engaged in interstate commerce
				  over the highways of the State if such vehicles are commercial motor vehicle(s)
				  as defined in 49 CFR Part 390.5.
(b) The regulations adopted by the U.S.
				  Department of Transportation relating to safety of operation and equipment (49
				  CFR Parts 390 through 397) apply to all for-hire motor carriers and all
				  for-hire motor carrier vehicles, and all private motor carriers and all private
				  motor carrier vehicles engaged in intrastate commerce over the highways of the
				  State if such vehicle(s):
(1) have a gross
				  vehicle weight rating (GVWR), gross combination weight rating (GCWR), gross
				  vehicle weight (GVW), gross combination weight (GCW) of 26,001 pounds or more,
				  whichever is greater;
(2) is
				  designed or used to transport 16 or more passengers, including the driver;
				  or
(3) is used in transporting a
				  hazardous material in a quantity requiring placarding pursuant to 49 C.F.R.
				  Parts 170 through 185.
North Carolina Administrative Code › Title 14B - Public Safety › Chapter 07 - STATE HIGHWAY PATROL › Subchapter C - MOTOR CARRIER SAFETY REGULATIONS › Section .0100 - SAFETY RULES AND REGULATIONS › Section 07C .0102 - HAZARDOUS MATERIALS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The regulations
				  adopted by the U.S. Department of Transportation relating to hazardous
				  materials, including the transportation of hazardous materials (49 CFR Parts
				  170-185) shall apply to all for-hire and all private motor carrier vehicles
				  engaged in interstate commerce or intrastate commerce over the highways of the
				  State of North Carolina.
(b) All
				  Code of Federal Regulations (CFR) Parts cited in this Rule are incorporated
				  herein by reference including any subsequent amendments. A copy of the CFR is
				  available online without cost at
http://www.fmcsa.dot.gov/
or from the
				  Office of Superintendent of Documents, U.S. Government Printing Office,
				  Washington, D.C. 20402 at a cost set by that office.
Authority
					 G.S.
					 20-2;
					 20-381;
Eff. December
					 1, 1983;
Amended Eff. April 1, 2001; January 1, 1994;
Transferred and recodified from
					 19A NCAC
					 03D .0802 Eff. March 23, 2009;
Transferred from
					 14A NCAC
					 09J .0102 Eff. June 1, 2013;
Readopted Eff. November 1, 2018.
North Carolina Administrative Code › Title 14B - Public Safety › Chapter 08 - BUTNER PUBLIC SAFETY DIVISION › Subchapter A - GENERAL › Section .0100 - GENERAL › Section 08A .0101 - NAME AND ADDRESS

Current through Register Vol. 39, No. 2, July 15, 2024
The public safety organization providing fire and police
					 protection to the Butner territorial jurisdiction is referred to in
					 G.S.
					 122C-408 as the Butner Public Safety
					 Department; however, as a division of a principal department, it may also be
					 called the Butner Public Safety Division - especially for purposes of
					 administration. Therefore, the designation, "Division," is used in these
					 Regulations or Rules. It may be abbreviated as, "BPS".
The address is:
Butner Public Safety Division
701 Central Avenue
Butner, N.C. 27509
Telephone 919/575-6561
The State Courier box for this address is No.
					 302.
North Carolina Administrative Code › Title 14B - Public Safety › Chapter 08 - BUTNER PUBLIC SAFETY DIVISION › Subchapter A - GENERAL › Section .0100 - GENERAL › Section 08A .0102 - MISSION

Current through Register Vol. 39, No. 2, July 15, 2024
The mission of the Butner Public Safety Division is to
					 furnish fire and police protection for the Butner territorial jurisdiction,
					 subject to any limitations specified herein as follows:
(1) Fire Protection
(a) to those areas or major installations
				  approved by the Secretary of Crime Control and Public Safety as being within
				  the Division's capability; and to post signs and otherwise indicate to the
				  public the boundaries of areas and the identity of major installations
				  served.
(b) to enter into mutual
				  aid agreements with neighboring fire departments or other firefighting
				  organizations, on the authority of the Department Secretary.
North Carolina Administrative Code › Title 14B - Public Safety › Chapter 08 - BUTNER PUBLIC SAFETY DIVISION › Subchapter A - GENERAL › Section .0100 - GENERAL › Section 08A .0103 - JURISDICTION

Current through Register Vol. 39, No. 2, July 15, 2024
The territorial jurisdiction for the Butner Public Safety
					 Division includes the territory embraced by the John Umstead Hospital site and
					 any property adjacent to that site which is owned or leased by the Department
					 of Human Resources or any other agency of the State. It shall also include any
					 property formerly a part of the original Camp Butner reservation,
					 including:
(1) both those areas
				  currently owned and occupied by the State and its agencies and those which may
				  have been leased or otherwise disposed of by the State;
(2) any property adjacent to that site that
				  is owned or leased by the State or any political subdivision of the State;
				  and
(3) any adjoining
				  property.
North Carolina Administrative Code › Title 14B - Public Safety › Chapter 08 - BUTNER PUBLIC SAFETY DIVISION › Subchapter A - GENERAL › Section .0100 - GENERAL › Section 08A .0104 - AUTHORITY OF PUBLIC SAFETY AND SPECIAL POLICE OFFICERS

Current through Register Vol. 39, No. 2, July 15, 2024
As directed by the chief, any Butner Public Safety Officer
					 shall have authority to serve any civil or criminal process to be served on any
					 person confined at any State facility within the Butner territorial
					 jurisdiction. Any such process shall be forwarded by the sheriff of the county
					 in which the process originated to the chief of the Butner Public Safety
					 Division, pursuant to
					 G.S.
					 122C-408(b). The Department
					 Secretary or his designee shall develop internal office procedures for
					 collecting from the Clerks of Court the uniform fee for each such process, as
					 provided under Chapter 7A of the General Statutes. The Secretary or his
					 designee shall ensure that the chief, Butner Public Safety, be kept informed of
					 such procedures. The chief may be required by the Secretary or his designee to
					 assist in the collection procedure.
North Carolina Administrative Code › Title 14B - Public Safety › Chapter 08 - BUTNER PUBLIC SAFETY DIVISION › Subchapter A - GENERAL › Section .0100 - GENERAL › Section 08A .0105 - ORGANIZATION AND ADMINISTRATION

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  Organization
(1) Chain of Command. The chain
				  of command extends from the Department Secretary to the Assistant Secretary for
				  Law Enforcement to the Chief, Butner Public Safety (BPS) to the Assistant
				  Chief, BPS and thence to supervisors, assistant supervisors and finally, Public
				  Safety Officers (PSO).
(2)
				  Organizational Groupings. Under the chief and assistant chief there is a
				  two-person staff consisting of a secretary and a senior supervisor who serves
				  as relief for shift or platoon supervisors when they are off duty on a rotation
				  basis. There are three shifts organized into three platoons. Each platoon
				  consists of a supervisor, relief supervisor and six Public Safety
				  Officers.
(3) Functional Concept.
				  Under the public safety concept, firefighters are policemen and policemen are
				  firefighters. Each officer has a dual role for which he or she is trained.
				  Selected personnel specialize further in such skills as operators of fire
				  trucks and their pumping equipment. On each shift, an operator for each fire
				  truck remains at the station, performing other duties while there. When there
				  is a fire alarm, the driver starts to the fire and designated officers of the
				  platoon, who are on patrol, are notified by radio where to respond. At that
				  time, they assume their role as firefighters.
North Carolina Administrative Code › Title 14B - Public Safety › Chapter 08 - BUTNER PUBLIC SAFETY DIVISION › Subchapter A - GENERAL › Section .0100 - GENERAL › Section 08A .0106 - GENDER

Current through Register Vol. 39, No. 2, July 15, 2024
In most instances, the Rules in this Chapter apply to males
					 and females equally. In an effort to reinforce this intent, the pronouns
					 indicating both sexes are used extensively throughout, such as he/she, him/her,
					 and his/her. Nevertheless, where the masculine pronoun only appears, the intent
					 is for the rule to apply to both sexes, unless the context obviously indicates
					 otherwise. This is in consonance with Section
					 12-3(1)
					 of the General Statutes which reads in part, "...; and every word importing the
					 masculine gender only shall extend and be applied to females as well as to
					 males, unless the context clearly shows to the contrary".
North Carolina Administrative Code › Title 14B - Public Safety › Chapter 08 - BUTNER PUBLIC SAFETY DIVISION › Subchapter B - PERSONNEL REGULATIONS › Section .0100 - EMPLOYMENT REGULATIONS › Section 08B .0101 - EQUAL EMPLOYMENT OPPORTUNITY

Current through Register Vol. 39, No. 2, July 15, 2024
(a) It
				  shall be the policy of the Butner Public Safety Division (BPS) to give equal
				  opportunity for employment without regard to race, religion, color, creed,
				  national origin, sex, age, or physical disability to all persons otherwise
				  qualified, except where specific age, sex or physical requirements constitute
				  bona fide occupational qualifications necessary to proper and efficient
				  administration and operation of Butner Public Safety Division (BPS).
(b) The commitment to equal career
				  opportunity shall be undertaken through a continuing program of affirmative
				  action involving, but not limited to, the following activities:
(1) recruitment,
(2) interviewing,
(3) selection,
(4) hiring,
(5) promotion,
(6) training,
(7) compensation and benefits.
North Carolina Administrative Code › Title 14B - Public Safety › Chapter 08 - BUTNER PUBLIC SAFETY DIVISION › Subchapter B - PERSONNEL REGULATIONS › Section .0100 - EMPLOYMENT REGULATIONS › Section 08B .0102 - APPLICATION PROCESS: STEP ONE: OBTAINING APPLICATIONS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The chief of BPS and designated
				  recruiters shall provide prospective applicants for employment with information
				  setting forth basic employment requirements for BPS positions and procedures
				  for obtaining application forms for employment. The information provided shall
				  direct prospective applicants to correspond with the chief for additional
				  information.
(b) The chief shall,
				  upon request from any prospective applicant, forward four copies of the
				  Application for Employment to him/her with instructions to complete the forms
				  and return them to him/her, together with other documents required in Rule
				  .0104 of this Section, at 701 Central Avenue, Butner, N.C. 27509.
North Carolina Administrative Code › Title 14B - Public Safety › Chapter 08 - BUTNER PUBLIC SAFETY DIVISION › Subchapter B - PERSONNEL REGULATIONS › Section .0100 - EMPLOYMENT REGULATIONS › Section 08B .0103 - APPLICATION PROCESS: STEP TWO: OCCUPATIONAL APTITUDE TEST

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Each applicant shall be directed to make
				  an appointment with the Employment Security Commission Office serving the
				  community in which the applicant resides for the purpose of taking the
				  Occupational Aptitude Test. The Employment Security Commission will mail the
				  results of the applicant's Occupational Aptitude Test to the chief in Butner.
				  The report from the Employment Security Commission will indicate one of the
				  following scores: "H", "M", or "L". A score of "H" is required to qualify for
				  membership in BPS. A score of "M" or "L" shall indicate the applicant failed to
				  make a qualifying score. Failure of an applicant to make a score of "H" will
				  disqualify him/her for further consideration at that time and the applicant
				  will not be eligible to reapply for employment with BPS for 12
				  months.
(b) If the chief has not
				  received the results of the test within four days following receipt of other
				  documents identified in Regulation .0104 (DOCUMENTS) of this Section, he shall
				  contact the Employment Security Commission Office to determine whether the
				  applicant took the test and his/her score on the test.
(c) If the applicant is a law enforcement
				  officer with another agency at the time of application, it shall be the
				  applicant's responsibility to obtain from the Employment Security Commission
				  his/her score on the Occupational Aptitude Test. This score must be received by
				  the chief prior to the applicant's name being placed on the division's
				  chronological list of applicants.