State Codes and Statutes

Statutes > North-carolina > Chapter_20 > GS_20-161

§ 20‑161.  Stopping onhighway prohibited; warning signals; removal of vehicles from public highway.

(a)        No person shallpark or leave standing any vehicle, whether attended or unattended, upon thepaved or main‑traveled portion of any highway or highway bridge outsidemunicipal corporate limits unless the vehicle is disabled to such an extentthat it is impossible to avoid stopping and temporarily leaving the vehicleupon the paved or main traveled portion of the highway or highway bridge. Thissubsection shall not apply to a solid waste vehicle stopped on a highway whileengaged in collecting garbage as defined in G.S. 20‑118(c)(5)g. orrecyclable material as defined in G.S. 130A‑290(a)(26).

(b)        No person shallpark or leave standing any vehicle upon the shoulder of a public highwayoutside municipal corporate limits unless the vehicle can be clearly seen byapproaching drivers from a distance of 200 feet in both directions and does notobstruct the normal movement of traffic.

(c)        The operator of anytruck, truck tractor, trailer or semitrailer which is disabled upon any portionof the highway shall display warning devices of a type and in a manner asrequired under the rules and regulations of the United States Department ofTransportation as adopted by the Division of Motor Vehicles. Such warningdevices shall be displayed as long as the vehicle is disabled.

(d)        The owner of anyvehicle parked or left standing in violation of law shall be deemed to haveappointed any investigating law‑enforcement officer his agent:

(1)        For the purpose ofremoving the vehicle to the shoulder of the highway or to some other suitableplace; and

(2)        For the purpose ofarranging for the transportation and safe storage of any vehicle which isinterfering with the regular flow of traffic or which otherwise constitutes ahazard, in which case the officer shall be deemed a legal possessor of thevehicle within the meaning of G.S. 44A‑2(d).

(e)        When any vehicle isparked or left standing upon the right‑of‑way of a public highway,including rest areas, for a period of 24 hours or more, the owner shall bedeemed to have appointed any investigating law‑enforcement officer hisagent for the purpose of arranging for the transportation and safe storage ofsuch vehicle and such investigating law‑enforcement officer shall bedeemed a legal possessor of the motor vehicle within the meaning of that termas it appears in G.S. 44A‑2(d).

(f)         Any investigatinglaw enforcement officer, with the concurrence of the Department ofTransportation, may immediately remove or cause to be removed from the Statehighway system any wrecked, abandoned, disabled, unattended, burned, orpartially dismantled vehicle, cargo, or other personal property interferingwith the regular flow of traffic or which otherwise constitutes a hazard. Inthe event of a motor vehicle crash involving serious personal injury or death,no removal shall occur until the investigating law enforcement officerdetermines that adequate information has been obtained for preparation of acrash report. No state or local law enforcement officer, Department ofTransportation employee, or person or firm contracting or assisting in theremoval or disposition of any such vehicle, cargo, or other personal propertyshall be held criminally or civilly liable for any damage or economic injuryrelated to carrying out or enforcing the provisions of this section.

(g)        The owner shall beliable for any costs incurred in the removal, storage, and subsequentdisposition of a vehicle, cargo, or other personal property under the authorityof this section.  (1937,c. 407, s. 123; 1951, c. 1165, s. 1; 1971, c. 294, s. 1; 1973, c. 1330, s. 25;1985, c. 454, s. 6; 2003‑310, s. 1; 2007‑360, ss. 4, 5; 2009‑104,s. 1.)

State Codes and Statutes

Statutes > North-carolina > Chapter_20 > GS_20-161

§ 20‑161.  Stopping onhighway prohibited; warning signals; removal of vehicles from public highway.

(a)        No person shallpark or leave standing any vehicle, whether attended or unattended, upon thepaved or main‑traveled portion of any highway or highway bridge outsidemunicipal corporate limits unless the vehicle is disabled to such an extentthat it is impossible to avoid stopping and temporarily leaving the vehicleupon the paved or main traveled portion of the highway or highway bridge. Thissubsection shall not apply to a solid waste vehicle stopped on a highway whileengaged in collecting garbage as defined in G.S. 20‑118(c)(5)g. orrecyclable material as defined in G.S. 130A‑290(a)(26).

(b)        No person shallpark or leave standing any vehicle upon the shoulder of a public highwayoutside municipal corporate limits unless the vehicle can be clearly seen byapproaching drivers from a distance of 200 feet in both directions and does notobstruct the normal movement of traffic.

(c)        The operator of anytruck, truck tractor, trailer or semitrailer which is disabled upon any portionof the highway shall display warning devices of a type and in a manner asrequired under the rules and regulations of the United States Department ofTransportation as adopted by the Division of Motor Vehicles. Such warningdevices shall be displayed as long as the vehicle is disabled.

(d)        The owner of anyvehicle parked or left standing in violation of law shall be deemed to haveappointed any investigating law‑enforcement officer his agent:

(1)        For the purpose ofremoving the vehicle to the shoulder of the highway or to some other suitableplace; and

(2)        For the purpose ofarranging for the transportation and safe storage of any vehicle which isinterfering with the regular flow of traffic or which otherwise constitutes ahazard, in which case the officer shall be deemed a legal possessor of thevehicle within the meaning of G.S. 44A‑2(d).

(e)        When any vehicle isparked or left standing upon the right‑of‑way of a public highway,including rest areas, for a period of 24 hours or more, the owner shall bedeemed to have appointed any investigating law‑enforcement officer hisagent for the purpose of arranging for the transportation and safe storage ofsuch vehicle and such investigating law‑enforcement officer shall bedeemed a legal possessor of the motor vehicle within the meaning of that termas it appears in G.S. 44A‑2(d).

(f)         Any investigatinglaw enforcement officer, with the concurrence of the Department ofTransportation, may immediately remove or cause to be removed from the Statehighway system any wrecked, abandoned, disabled, unattended, burned, orpartially dismantled vehicle, cargo, or other personal property interferingwith the regular flow of traffic or which otherwise constitutes a hazard. Inthe event of a motor vehicle crash involving serious personal injury or death,no removal shall occur until the investigating law enforcement officerdetermines that adequate information has been obtained for preparation of acrash report. No state or local law enforcement officer, Department ofTransportation employee, or person or firm contracting or assisting in theremoval or disposition of any such vehicle, cargo, or other personal propertyshall be held criminally or civilly liable for any damage or economic injuryrelated to carrying out or enforcing the provisions of this section.

(g)        The owner shall beliable for any costs incurred in the removal, storage, and subsequentdisposition of a vehicle, cargo, or other personal property under the authorityof this section.  (1937,c. 407, s. 123; 1951, c. 1165, s. 1; 1971, c. 294, s. 1; 1973, c. 1330, s. 25;1985, c. 454, s. 6; 2003‑310, s. 1; 2007‑360, ss. 4, 5; 2009‑104,s. 1.)


State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_20 > GS_20-161

§ 20‑161.  Stopping onhighway prohibited; warning signals; removal of vehicles from public highway.

(a)        No person shallpark or leave standing any vehicle, whether attended or unattended, upon thepaved or main‑traveled portion of any highway or highway bridge outsidemunicipal corporate limits unless the vehicle is disabled to such an extentthat it is impossible to avoid stopping and temporarily leaving the vehicleupon the paved or main traveled portion of the highway or highway bridge. Thissubsection shall not apply to a solid waste vehicle stopped on a highway whileengaged in collecting garbage as defined in G.S. 20‑118(c)(5)g. orrecyclable material as defined in G.S. 130A‑290(a)(26).

(b)        No person shallpark or leave standing any vehicle upon the shoulder of a public highwayoutside municipal corporate limits unless the vehicle can be clearly seen byapproaching drivers from a distance of 200 feet in both directions and does notobstruct the normal movement of traffic.

(c)        The operator of anytruck, truck tractor, trailer or semitrailer which is disabled upon any portionof the highway shall display warning devices of a type and in a manner asrequired under the rules and regulations of the United States Department ofTransportation as adopted by the Division of Motor Vehicles. Such warningdevices shall be displayed as long as the vehicle is disabled.

(d)        The owner of anyvehicle parked or left standing in violation of law shall be deemed to haveappointed any investigating law‑enforcement officer his agent:

(1)        For the purpose ofremoving the vehicle to the shoulder of the highway or to some other suitableplace; and

(2)        For the purpose ofarranging for the transportation and safe storage of any vehicle which isinterfering with the regular flow of traffic or which otherwise constitutes ahazard, in which case the officer shall be deemed a legal possessor of thevehicle within the meaning of G.S. 44A‑2(d).

(e)        When any vehicle isparked or left standing upon the right‑of‑way of a public highway,including rest areas, for a period of 24 hours or more, the owner shall bedeemed to have appointed any investigating law‑enforcement officer hisagent for the purpose of arranging for the transportation and safe storage ofsuch vehicle and such investigating law‑enforcement officer shall bedeemed a legal possessor of the motor vehicle within the meaning of that termas it appears in G.S. 44A‑2(d).

(f)         Any investigatinglaw enforcement officer, with the concurrence of the Department ofTransportation, may immediately remove or cause to be removed from the Statehighway system any wrecked, abandoned, disabled, unattended, burned, orpartially dismantled vehicle, cargo, or other personal property interferingwith the regular flow of traffic or which otherwise constitutes a hazard. Inthe event of a motor vehicle crash involving serious personal injury or death,no removal shall occur until the investigating law enforcement officerdetermines that adequate information has been obtained for preparation of acrash report. No state or local law enforcement officer, Department ofTransportation employee, or person or firm contracting or assisting in theremoval or disposition of any such vehicle, cargo, or other personal propertyshall be held criminally or civilly liable for any damage or economic injuryrelated to carrying out or enforcing the provisions of this section.

(g)        The owner shall beliable for any costs incurred in the removal, storage, and subsequentdisposition of a vehicle, cargo, or other personal property under the authorityof this section.  (1937,c. 407, s. 123; 1951, c. 1165, s. 1; 1971, c. 294, s. 1; 1973, c. 1330, s. 25;1985, c. 454, s. 6; 2003‑310, s. 1; 2007‑360, ss. 4, 5; 2009‑104,s. 1.)