State Codes and Statutes

Statutes > North-carolina > Chapter_20 > GS_20-114_1

§ 20‑114.1.  Willfulfailure to obey law‑enforcement or traffic‑control officer; firemenas traffic‑control officers; appointment, etc., of traffic‑controlofficers.

(a)        No person shallwillfully fail or refuse to comply with any lawful order or direction of anylaw‑enforcement officer or traffic‑control officer invested by lawwith authority to direct, control or regulate traffic, which order or directionrelated to the control of traffic.

(b)        In addition toother law enforcement or traffic control officers, uniformed regular andvolunteer firemen and uniformed regular and volunteer members of a rescue squadmay direct traffic and enforce traffic laws and ordinances at the scene of orin connection with fires, accidents, or other hazards in connection with theirduties as firemen or rescue squad members.  Except as herein provided, firemenand members of rescue squads shall not be considered law enforcement or trafficcontrol officers.

(b1)      Any member of arural volunteer fire department or volunteer rescue squad who receives nocompensation for services shall not be liable in civil damages for any acts oromissions relating to the direction of traffic or enforcement of traffic lawsor ordinances at the scene of or in connection with a fire, accident, or otherhazard unless such acts or omissions amount to gross negligence, wantonconduct, or intentional wrongdoing.

(c)        The chief of policeof a local or county police department or the sheriff of any county isauthorized to appoint traffic‑control officers, who shall have attainedthe age of 18 years and who are hereby authorized to direct, control, orregulate traffic within their respective jurisdictions at times and placesspecifically designated in writing by the police chief or the sheriff. Atraffic‑control officer, when exercising this authority, must be attiredin a distinguishing uniform or jacket indicating that he is a traffic‑controlofficer and must possess a valid authorization card issued by the police chiefor sheriff who appointed him. Unless an earlier expiration date is specified,an authorization card shall expire two years from the date of its issuance. Inorder to be appointed as a traffic‑control officer, a person shall havereceived at least three hours of training in directing, controlling, orregulating traffic under the supervision of a law‑enforcement officer. Atraffic‑control officer shall be subject to the rules and regulations ofthe respective local or county police department or sheriff's office as well asthe lawful command of any other law‑enforcement officer. The appointingpolice chief or sheriff shall have the right to revoke the appointment of anytraffic‑control officer at any time with or without cause. The appointingpolice chief or sheriff shall not be held liable for any act or omission of atraffic‑control officer. A traffic‑control officer shall not bedeemed to be an agent or employee of the respective local or county policedepartment or of the sheriff's office, nor shall he be considered a law‑enforcementofficer except as provided herein. A traffic‑control officer shall nothave nor shall he exercise the power of arrest.

 (d) No police chief orsheriff who is authorized to appoint traffic‑control officers undersubsection (c) of this section shall appoint any person to direct, control, orregulate traffic unless there is indemnity against liability of the traffic‑controlofficer for wrongful death, bodily injury, or property damage that isproximately caused by the negligence of the traffic‑control officer whileacting within the scope of his duties as a traffic‑control officer. Suchindemnity shall provide a minimum of twenty‑five thousand dollars($25,000) for the death of or bodily injury to one person in any one accident,fifty thousand dollars ($50,000) for the death of or bodily injury to two ormore persons in any one accident, and ten thousand dollars ($10,000) for injuryto or destruction of property of others in any one accident. (1961,c. 879; 1969, c. 59; 1983, c. 483, ss. 1‑3; 1987, c. 146, ss. 1, 3.)

State Codes and Statutes

Statutes > North-carolina > Chapter_20 > GS_20-114_1

§ 20‑114.1.  Willfulfailure to obey law‑enforcement or traffic‑control officer; firemenas traffic‑control officers; appointment, etc., of traffic‑controlofficers.

(a)        No person shallwillfully fail or refuse to comply with any lawful order or direction of anylaw‑enforcement officer or traffic‑control officer invested by lawwith authority to direct, control or regulate traffic, which order or directionrelated to the control of traffic.

(b)        In addition toother law enforcement or traffic control officers, uniformed regular andvolunteer firemen and uniformed regular and volunteer members of a rescue squadmay direct traffic and enforce traffic laws and ordinances at the scene of orin connection with fires, accidents, or other hazards in connection with theirduties as firemen or rescue squad members.  Except as herein provided, firemenand members of rescue squads shall not be considered law enforcement or trafficcontrol officers.

(b1)      Any member of arural volunteer fire department or volunteer rescue squad who receives nocompensation for services shall not be liable in civil damages for any acts oromissions relating to the direction of traffic or enforcement of traffic lawsor ordinances at the scene of or in connection with a fire, accident, or otherhazard unless such acts or omissions amount to gross negligence, wantonconduct, or intentional wrongdoing.

(c)        The chief of policeof a local or county police department or the sheriff of any county isauthorized to appoint traffic‑control officers, who shall have attainedthe age of 18 years and who are hereby authorized to direct, control, orregulate traffic within their respective jurisdictions at times and placesspecifically designated in writing by the police chief or the sheriff. Atraffic‑control officer, when exercising this authority, must be attiredin a distinguishing uniform or jacket indicating that he is a traffic‑controlofficer and must possess a valid authorization card issued by the police chiefor sheriff who appointed him. Unless an earlier expiration date is specified,an authorization card shall expire two years from the date of its issuance. Inorder to be appointed as a traffic‑control officer, a person shall havereceived at least three hours of training in directing, controlling, orregulating traffic under the supervision of a law‑enforcement officer. Atraffic‑control officer shall be subject to the rules and regulations ofthe respective local or county police department or sheriff's office as well asthe lawful command of any other law‑enforcement officer. The appointingpolice chief or sheriff shall have the right to revoke the appointment of anytraffic‑control officer at any time with or without cause. The appointingpolice chief or sheriff shall not be held liable for any act or omission of atraffic‑control officer. A traffic‑control officer shall not bedeemed to be an agent or employee of the respective local or county policedepartment or of the sheriff's office, nor shall he be considered a law‑enforcementofficer except as provided herein. A traffic‑control officer shall nothave nor shall he exercise the power of arrest.

 (d) No police chief orsheriff who is authorized to appoint traffic‑control officers undersubsection (c) of this section shall appoint any person to direct, control, orregulate traffic unless there is indemnity against liability of the traffic‑controlofficer for wrongful death, bodily injury, or property damage that isproximately caused by the negligence of the traffic‑control officer whileacting within the scope of his duties as a traffic‑control officer. Suchindemnity shall provide a minimum of twenty‑five thousand dollars($25,000) for the death of or bodily injury to one person in any one accident,fifty thousand dollars ($50,000) for the death of or bodily injury to two ormore persons in any one accident, and ten thousand dollars ($10,000) for injuryto or destruction of property of others in any one accident. (1961,c. 879; 1969, c. 59; 1983, c. 483, ss. 1‑3; 1987, c. 146, ss. 1, 3.)


State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_20 > GS_20-114_1

§ 20‑114.1.  Willfulfailure to obey law‑enforcement or traffic‑control officer; firemenas traffic‑control officers; appointment, etc., of traffic‑controlofficers.

(a)        No person shallwillfully fail or refuse to comply with any lawful order or direction of anylaw‑enforcement officer or traffic‑control officer invested by lawwith authority to direct, control or regulate traffic, which order or directionrelated to the control of traffic.

(b)        In addition toother law enforcement or traffic control officers, uniformed regular andvolunteer firemen and uniformed regular and volunteer members of a rescue squadmay direct traffic and enforce traffic laws and ordinances at the scene of orin connection with fires, accidents, or other hazards in connection with theirduties as firemen or rescue squad members.  Except as herein provided, firemenand members of rescue squads shall not be considered law enforcement or trafficcontrol officers.

(b1)      Any member of arural volunteer fire department or volunteer rescue squad who receives nocompensation for services shall not be liable in civil damages for any acts oromissions relating to the direction of traffic or enforcement of traffic lawsor ordinances at the scene of or in connection with a fire, accident, or otherhazard unless such acts or omissions amount to gross negligence, wantonconduct, or intentional wrongdoing.

(c)        The chief of policeof a local or county police department or the sheriff of any county isauthorized to appoint traffic‑control officers, who shall have attainedthe age of 18 years and who are hereby authorized to direct, control, orregulate traffic within their respective jurisdictions at times and placesspecifically designated in writing by the police chief or the sheriff. Atraffic‑control officer, when exercising this authority, must be attiredin a distinguishing uniform or jacket indicating that he is a traffic‑controlofficer and must possess a valid authorization card issued by the police chiefor sheriff who appointed him. Unless an earlier expiration date is specified,an authorization card shall expire two years from the date of its issuance. Inorder to be appointed as a traffic‑control officer, a person shall havereceived at least three hours of training in directing, controlling, orregulating traffic under the supervision of a law‑enforcement officer. Atraffic‑control officer shall be subject to the rules and regulations ofthe respective local or county police department or sheriff's office as well asthe lawful command of any other law‑enforcement officer. The appointingpolice chief or sheriff shall have the right to revoke the appointment of anytraffic‑control officer at any time with or without cause. The appointingpolice chief or sheriff shall not be held liable for any act or omission of atraffic‑control officer. A traffic‑control officer shall not bedeemed to be an agent or employee of the respective local or county policedepartment or of the sheriff's office, nor shall he be considered a law‑enforcementofficer except as provided herein. A traffic‑control officer shall nothave nor shall he exercise the power of arrest.

 (d) No police chief orsheriff who is authorized to appoint traffic‑control officers undersubsection (c) of this section shall appoint any person to direct, control, orregulate traffic unless there is indemnity against liability of the traffic‑controlofficer for wrongful death, bodily injury, or property damage that isproximately caused by the negligence of the traffic‑control officer whileacting within the scope of his duties as a traffic‑control officer. Suchindemnity shall provide a minimum of twenty‑five thousand dollars($25,000) for the death of or bodily injury to one person in any one accident,fifty thousand dollars ($50,000) for the death of or bodily injury to two ormore persons in any one accident, and ten thousand dollars ($10,000) for injuryto or destruction of property of others in any one accident. (1961,c. 879; 1969, c. 59; 1983, c. 483, ss. 1‑3; 1987, c. 146, ss. 1, 3.)