NC General Statutes (from PoPo)

CRK

Well-Known Member
Joined
Mar 17, 2005
Location
Cary, NC
All this info was posted on the old board by TacoPoPo

Thought I would add a topic on some General Statutes that might be applicable to members here. This is mainly for reference, discussions should take place in Chit Chat.

NCGS 20-63(d) provides that the registration plate be displayed on the rear of the vehicle unobstructed.

NCGS 20-129(d) provides a white light must be used to illuminate the tag and be visible for 50ft.

NCGS 20-130(b) Provides that no more than 2 auxillary lights be mounted and operating on the front of the vehicle.

NCGS 20-126(b) Provides that a mirror must be mounted on the driver's side of the vehicle. Handy for those Jeep types

NCGS 20-135.4(d) Provides that you can not raise or lower a motor vehicle more than 6 inches from the manufacturer's specifications. This includes extra tire diameter.

NCGS 20-136-32.2 Shall not place a light so as to hamper the visibility of other motorists.
 

CRK

Well-Known Member
Joined
Mar 17, 2005
Location
Cary, NC
Some others dealing with land and trespassing.

NCGS 14-128 Makes it illegal to damage crops, vegitation, land, and other things growing without the consent of the owner.

NCGS 14-159.13 Makes it illegal to enter or remain on the property of another without authorization when you have been told to leave, or a notice has been posted not to enter the premises.

NCGS 14-134.2 no person shall operate a motor vehicle/ATV upon a utility easement without written permission.

That's all for now. Still looking for the statute that makes it illegal to operate a motor vehicle off the roadway on land that is not yours and that you don't have permission to access.
 

CRK

Well-Known Member
Joined
Mar 17, 2005
Location
Cary, NC
This is for the folks with the graduated license.

The guidelines are all spelled out in GS 20-11 but the main point is this. JUST CAUSE YOU ARE 17 DOES NOT EXEMPT YOU FROM YOUR RESTRICTION CODE. Sorry for the yelling, but I don't think they say this in any driver's ed course. As long as you have the restriction printed on your license (#17) you are only allowed to drive unsupervised from 5a to 9p, or work related. Exclusions are also allowed for voluteer fire/rescue. Once you are eligible for a full provisional license you must get a new physical license with the restriction code lifted. If you don't, you still have to abide by the restriction on the license.
 

CRK

Well-Known Member
Joined
Mar 17, 2005
Location
Cary, NC
GS 20-128(a) Provides that the muffler must be in good working order and does not generate excessive or unusual noise, or annoying smoke.

GS 136-26 States you can not drive into a new construction work area when said construction site was not open to traffic and was clearly marked indicating same.
Note: clearly marked is up for interpretation, could mean anything from sign, to you have to drive up on a curb to access the site. At any rate, better to stay off those nifty muddy contstruction sites.

Just found this one, and thought it was funny--you'll see why

GS 14-197 Wording is as follows--Did on a [(public road)(Highway)] and in the hearing of two or more persons, in a loud and boisterous manner, use indecent or profane language.
NOTE: The following counties shall be exempt from the provisions of this section: Pitt and Swain (from Law Enforcement Officers Quick Reference Statute Guide, 2000 Edition, Hewett Enterprises).
 

CRK

Well-Known Member
Joined
Mar 17, 2005
Location
Cary, NC
It is a common law offense under NCGS 14-2.4 known as Conspiracy. This makes it illegal to enter into an agreement with at least one other person to commit an unlawful act with intent at the time by the defendant and at least one of the others that the agreement be carried out. Point is this, not a good idea to ask about ideas for criminal activity on here. It is a public forum, and therefore could be used in a trial without anyone's permission. It also goes against what this board has/and is supposed to represent.
 

CRK

Well-Known Member
Joined
Mar 17, 2005
Location
Cary, NC
I think its time to delve into the trespassing concept.

Lets break it down a bit.

First degree trespass NCGS 14-159.12
A person without authorization enters, or remains on the premises of another so enclosed or secured as to demonstrate an intent to keep out intruders, or in a building of another. Class 2 misdemeanor

Second degree trespass NCGS 14-159-13
A person without authorization enters or remains on the premises of another after having been notified not to enter or remain there by the owner, a person incharge of the premises, a lawful occupant, or another authorized person, or when the premises are posted, in a manner reasonably likely to come to the attention of intruders, with notice not to enter the premises. Class 3 misdemeanor
 

CRK

Well-Known Member
Joined
Mar 17, 2005
Location
Cary, NC
Some insurance clarification

NCGS 20-313 states that any vehicle registered, or required to be registered in the state of NC must have, at the minimum, liability insurance. That basically means, if you drive it on any street or public vehicular areas (parking lots, places open to public travel, etc...) you have to have insurance unless registered in a state that does not require insurance.

Private property is exempt. This includes areas that are not open to public travel, such as trails and Rich's back yard.

While on this topic, NCGS 20-111 says that any vehicle operated on a street or highway must be registered with the Division of Motor Vehicles. The plate issued to that vehicle must be displayed properly (see above) and displayed on that vehicle. You can not "borrow" a tag to get a trail rig from point A to point B.
 

CRK

Well-Known Member
Joined
Mar 17, 2005
Location
Cary, NC
Here is some good info that was provided to me by Hobie as a result of communications with Ian Garner. I thought it should be posted up here.

"Enforcement of alcohol possession in closed areas is done by Forest
Service
> law enforcement personnel, Forest Protection Officers, and Montgomery
> County Sheriff's Deputies. Under Title 36 CFR (Code of Federal
> Regulations) 261.58(bb) possession of alcohol is not allowed in the
> following areas:
>
> Arrowhead Campground
> Cove Boat Ramp and Picnic Area
> Deepwater Camp and Boat Ramp Areas
> Canebrake Horse Camp
> Flintlock Valley Shooting Range
> King's Mountain Point Fishing Pier and Camping Area
> Thornburg, Tot Hill, and Robbins Branch Wilderness Trailheads
> Badin Lake Campground and Group Camp
> Holts Cabin Picnic Area
> Uwharrie Hunt Camp
> Badin Lake Horse Camp
> Badin Lake Hiking Trail
> Badin Area Horse Trails
> Uwharrie Hiking Trail
> Badin Area Off-Highway Vehicle Trails, Trailheads, and Dispersed
Campsites
> Adjacent to the Trail System.
>
> If caught in possession of alcohol, the visitor is normally charged with
a
> fine of $50 dollars and given the option of paying the ticket or
attending
> Federal Court at the Greensboro Federal Building to contest the ticket.
> The penalty for possession of alcohol (not just consumption, but
> possession) is punishable by a fine of not more than $5,000 for an
> individual and $10,000 for an organization, or imprisonment of not more
> than six (6) months, or both.
>
> What it all means: Possessing an alcoholic beverage as defined by state
> law, on the OHV Trail System, in the Trailhead areas, or in primitive
> campsites adjacent to the OHV Trail System will get you a ticket.
> Consumption of alcohol may also cause a DWI to be issued, depending on
the
> circumstance. Underage possession of alcohol is an additional ticketable
> offense. Driving While Impaired and Underage Possession of Alcohol may
be
> passed to the county level jurisdiction to present a stiffer penalty, as
> all state and county laws are enforceable on Federal lands.
>
> The best bet for an enjoyable experience on the trails is to leave the
> alcohol at home.
>
> Hope this helps, and if you have any further questions, please don't
> hesitate to call or email.
>
> Thanks,
> Ian Garner
> Information Specialist
> Uwharrie Ranger District"



Additionally, here are some good pointers for those that do see any violations while at Uwharrie, whether they be NC4x4 members or not.

"The only way, other than peer pressure, for self-policing in groups would
be for someone to offer a sworn statement to either Law Enforcement or a
Forest Protection Officer. It's a bit of an extreme step, and one which
most folks probably wouldn't want to take, but we can write warnings and
citations based on the testimony of others. Usually it takes two eye
witnesses to make a statement if it's something that the LEO or FPO didn't
actually see, and basically what you do is make a mental note of the time,
location, description of person and vehicle committing offense, and then
get in touch with an LEO or FPO, either directly or through a campground
host. Be aware, though, that if you use this route, you'll probably have
to go to court in Greensboro to testify if the person receiving the ticket
decides to fight it."

Good stuff, and I appreciate Hobie for forwarding the info to me.



Greg Kiser
 

CRK

Well-Known Member
Joined
Mar 17, 2005
Location
Cary, NC
Trailers, they count as motor vehicles when in tow. They must be registered, with the DMV issued tag attached to the rear, illuminated by a white light. In truth, I'm just happy when there is a tag attached somewhere, anywhere, on the trailer.

Trailers must have lights that function and include brake lights, marker lights, and turn signals. One multifuncion light per side will suffice. There are exemptions to this, however. If traffic behind can see the tail lights on the tow rig, then the trailer need not have lights. This would be for something like a motorcycle carrier, or low flat trailer. Keep in mind what kind of load will be on the trailer, cause if the load obscures the lights of the tow vehicle the trailer needs to be equipped with lights.
 

CRK

Well-Known Member
Joined
Mar 17, 2005
Location
Cary, NC
Some more misc laws that might be good to know.

NCGS 20-63 This deals with how the plate is attached to the vehicle
(e) the tag must be clean and visible (get the mud off of it on the way home). If you are stopped, and the officer requests that you clean the tag, you gotta do it, or its a misdemeanor violation (you could be arrested). I like this one, I always thought it was a crime to have a dirty vehicle .

(f) You cannot possess or display a registration plate which has been repainted, altered, or forged.

(g) The tag cannot be covered or concealed in any mannor. This includes smoked covers, frames, clear covers, bike racks, etc... I love car dealerships for this one. If I need to stop a vehicle for an investigative reason and they have a "Crown Auto" tag frame on, I can stop them. This is a misdemeanor. Main thing to remember is--no frames, and no covers and you will be fine. And I know every Tom, Dick, and Harry has one or both. But this is a good one to know at any rate if you don't want to give anyone a reason to stop you.

If you cover or disguise the month and year stickers only, then that is just an infraction based on section (g). But that would be something that the DA's office would likely reduce to. The misdemeanor would most likely get charged originally. Obviously, these are not strictly enforced at any level, but they are on the books.

And for Heaven's sake. The month sticker goes on the left hand side, and the year sticker goes on the right hand side. I have never understood why so many have a year sticker on both sides
 

CRK

Well-Known Member
Joined
Mar 17, 2005
Location
Cary, NC
Alcohol stuff

NCGS 20-138.7 states that you can not have an open container of alcohol in the vehicle after consuming. This does not just mean with the cap off. If the original seal is broken, then it counts as an open container. All that is needed for a conviction is any reading above 0.00BAC

NCGS 18B-401 states that you can not transport any fortified wine or spirituous liquor in the passenger area of a motor vehicle in other than the manufacturer's unopened original container. This can be charged in addition to the above.

NCGS 18B-401(a) states that you can not operate a vehicle while consuming any alcohol. Again, this can be charged in addition to 20-138.7

NCGS 20-138-3 Provisional Licensee DWI. While under 21 you can not operate a vehicle with ANY alcohol in your system. If you drive with 0.01+BAC you will be convicted of a Provisional DWI. If you are above 0.08BAC then you will be convicted of BOTH DWI's.
 

CRK

Well-Known Member
Joined
Mar 17, 2005
Location
Cary, NC
Schedule of point values

5...Passing Stopped School Bus
4...Reckless Driving
4...Hit and Run, property damage only
4...Following too close
4...Driving on wrong side of road (left of center)
4...Illegal passing
3...Running stop sign
3...Speeding in excess of 55mph
3...Failing to Yield right of way
3...Running red light
3...No Driver's license or license expired more than one year
3...Failure to stop for siren
3...Driving through safety zone
3...No liability insurance
3...Failure to Report accident where a report is required ($1000 damage or more to property)
3...Speeding in a school zone
2...All other moving violations
1...Littering from motor vehicle, yes, you get points for that.
 

CRK

Well-Known Member
Joined
Mar 17, 2005
Location
Cary, NC
Rich reminded me about this one. Parents might wanna read this.

NCGS 20-135.2 you can not transport a child under the age of 12 years old in an open bed, or open cargo area of a motor vehicle.

Exceptions: Adult is sitting with and supervising the child
Child is secured or restrained by manufactured seat belt (like older Subi Baja)
In an emergency situation
In a parade with proper permits.
 

CRK

Well-Known Member
Joined
Mar 17, 2005
Location
Cary, NC
Just because I have to be technical......

That last statute is actually 20-135.2B

And there are 2 more exceptions to the law.

The vehicle is being operated in an agricultural enterprise.
The vehicle is being operated in a county that has no incorporated area with a population in excess of 3,500.

As of July 2003, the population exception applied to 30 of the 100 counties as follows:

Alexander, Alleghany Ashe, Avery, Bertie, Camden, Caswell, Cherokee, Clay, Currituck, Duplin, Franklin, Gates, Graham, Greene, Hyde, Jackson, Jones, Madison, Mitchell, Northampton, Pamlico, Pender, Perquimans, Polk, Swain, Tyrrell, Warren, Yadkin, and Yancey.

However, those stats are from over a year ago, and should be mostly accurate, but at that time Duplin, Pender & Franklin had municipalities getting close to the 3500 mark, so if you really feel the need to drive your child around in the bed of the pickup truck, I'd check in those counties before you do it!
 

CRK

Well-Known Member
Joined
Mar 17, 2005
Location
Cary, NC
--------------------------------------------------------------------------------

The new aggressive driving law NCGS 20-141.6

This is a new offense effective Dec 1, 2004 and is good for 5 points on your license and is a class 1 misdemeanor. Basically says that you operate a motor vehicle on a highway or PVA by speeding AND driving recklessly. The reckless driving is established if the state shows that the operator committed at least TWO of these offenses: 1) running a red light or stop sign. 2) illgal passing. 3) failure to yield. or 4) following too closely. Carless and reckless driving is a lesser included offense of this new law which has only carried 4 points for a conviction.

New stuff for child restraint, Mommies and Daddies listen up!

NCGS 20-137.1(a1)
Provides that ta child who is less than eight years old AND weighs less than eighty pounds must be properly secured in an appropriate child passenger restraint system.

This now provides for two levels of coverage. A child who is less than five years old AND who weighs less than forty pounds must still be secured in a traditional child car seat and ordinarily must be seated in the vehicle's rear seat. A child who is less than eight years old AND weighs between forty and eighty pounds may be placed in a booster seat, which makes the lap and shoulder belts fit correctly. Children in this category may be seated in the front or rear of the vehicle and if no seating position is equipped with a lap and shoulder belt to secure a booster seat or other appropriate child restraint system, the child may be restrained by a properly-fitted lap belt only.

This comes into effect on Jan 1, 2005
 

CRK

Well-Known Member
Joined
Mar 17, 2005
Location
Cary, NC
Towing law revision effective 12-01-2004

NCGS 20-147.1 provides that a passenger vehicle defined by GS 20-4.01 27 g) towing another vehicle must cause the vehicle to travel on the right half of the highway. If the highway has four or more lanes, the vehicle may not be driven in the left-most lane of the right half of the highway except: when overtaking and passing another vehicle proceeding in the same direction, when preparing for a left turn, or the right lanes are obstructed or impassable. The towing vehicles shall also comply with all signage for vehicles of three or more axles per GS 20-146(d)(3).
 

PoPo

New Member
Joined
Mar 21, 2005
Location
Winston-Salem
This entire thread is one that I put together on the other board and has been reprinted with my blessings for the new board. Heed these laws, they are there to help you make an informed decision and keep you out of trouble. Even if you haven't read these (or any laws) ignorance is no defense.

Again, any discussions on these or other laws should be taken to Chit Chat. Important things that have been missed here will be added as they come up.

Greg
 

PoPo

New Member
Joined
Mar 21, 2005
Location
Winston-Salem
awake said:
does nc have a law regarding the required amount of tire coverage by fenders or fender flairs (when driving on a road)? i have heard that 50% of the tire must be covered and i have heard that nc doesn't have a law

There is no such law in NC.
 

purpleTJchick

Well-Known Member
Joined
Apr 6, 2005
Location
Durham
If you go out of state do you have to apply to their rules or your states rule?

I.E. paragon has the fender rule, NC does not. Can a person with no fenders go to PA and have no problems? I think this has been covered, but I could not find it
 

Rich

Asshole at large
Joined
Mar 17, 2005
Location
Central PA
In my experience, you can still be ticketed for operating a vehicle that doesn't meet their regs on their roads.

DA would usually drop it from the multiple citations I've been issued over the years. (Ususally window tint laws is what got me)

It's like saying "This highway would be 70MPH in N.C., so that's why i was going 70".. "Well ma'am, here in PA, the speed limit is 55. Here's your ticket"
 

paradisePWoffrd

Recovering Project Junkie
Joined
Nov 5, 2005
Location
Newton, NC
what are the seat-belt laws in NC? does a vehicle originally with shoulder belts have to have shoulder belts or will just lap belts suffice in any vehicle?
 

Ridgerunner

Well-Known Member
Joined
Mar 21, 2005
Location
Fuquay Varina, NC
paradisePWoffrd said:
what are the seat-belt laws in NC? does a vehicle originally with shoulder belts have to have shoulder belts or will just lap belts suffice in any vehicle?

I think you have to use what you car came with.
 

bigwaylon

Well-Known Member
Joined
Mar 22, 2005
Location
Charlotte
Ridgerunner said:
I think you have to use what you car came with.


I've been told (so I'm interested to see who actually knows) that the above statement is true with the factory seats...

BUT, if you swap to aftermarket seats, then the seatbelt rules are different...i.e. I could run just lap belts on the street if I wanted, and just hook up shoulder harnesses on the trails...

Greg
 

bigwaylon

Well-Known Member
Joined
Mar 22, 2005
Location
Charlotte
purpleTJchick said:
If you go out of state do you have to apply to their rules or your states rule?
I.E. paragon has the fender rule, NC does not. Can a person with no fenders go to PA and have no problems? I think this has been covered, but I could not find it


you have to obey the laws of the state you're driving in...so the ticket could definitely be written...

HOWEVER, as Rich said, you may be able to get it dropped...but it may cost you some time and $$...

Greg
 
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