GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2001

H                                                                                                                                                  2

HOUSE BILL 1052

Committee Substitute Favorable 4/24/01

 

 

 

Short Title:     Low-Speed Vehicles Defined.

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Sponsors:            

 

Referred to:        

 

April 10, 2001

 

A BILL TO BE ENTITLED

AN ACT DEFINING AND REGULATING LOW-SPEED VEHICLES AND OTHERS. .

 

The General Assembly of North Carolina enacts:

SECTION 1.  G.S. 20-4.01 reads as rewritten:

"§ 20-4.01.  Definitions.

Unless the context requires otherwise, the following definitions apply throughout this Chapter to the defined words and phrases and their cognates:

(12a)   Golf Cart. - A vehicle designed and manufactured for operation on a golf course for sporting or recreational purposes and that is not capable of exceeding speeds of 20 miles per hour.

(12a)(12b)           Gross Vehicle Weight Rating (GVWR). - The value specified by the manufacturer as the maximum loaded weight of a vehicle. The GVWR of a combination vehicle is the GVWR of the power unit plus the GVWR of the towed unit or units. When a vehicle is determined by an enforcement officer to be structurally altered from the manufacturer's original design, the license weight or the total weight of the vehicle or combination of vehicles may be deemed as the GVWR for the purpose of enforcing this Chapter.

(12b)(12c)           Hazardous Materials. - Materials designated as hazardous by the United States Secretary of Transportation under 49 U.S.C. § 1803."

SECTION 2.  G.S. 20-4.01(27) reads as rewritten:

"(27)   Passenger Vehicles. -

a.         Excursion passenger vehicles. - Vehicles transporting persons on sight-seeing or travel tours.

b.         For hire passenger vehicles. - Vehicles transporting persons for compensation. This classification shall not include vehicles operated as ambulances; vehicles operated by the owner where the costs of operation are shared by the passengers; vehicles operated pursuant to a ridesharing arrangement as defined in G.S. 136-44.21; vehicles transporting students for the public school system under contract with the State Board of Education or vehicles leased to the United States of America or any of its agencies on a nonprofit basis; or vehicles used for human service or volunteer transportation.

c.         Common carriers of passengers. - Vehicles operated under a certificate of authority issued by the Utilities Commission for operation on the highways of this State between fixed termini or over a regular route for the transportation of persons for compensation.

c1.       Child care vehicles. - Vehicles under the direction and control of a child care facility, as defined in G.S. 110-86(3), and driven by an owner, employee, or agent of the child care facility for the primary purpose of transporting children to and from the child care facility, or to and from a place for participation in an event or activity in connection with the child care facility.

d.         Motorcycles. - Vehicles having a saddle for the use of the rider and designed to travel on not more than three wheels in contact with the ground, including motor scooters and motor-driven bicycles, but excluding tractors and utility vehicles equipped with an additional form of device designed to transport property, three-wheeled vehicles while being used by law-enforcement agencies and mopeds as defined in subdivision d1 of this subsection.

d1.       Moped. - Defined in G.S. 105-164.3.

d2.       Motor home or house car. - A vehicular unit, designed to provide temporary living quarters, built into as an integral part, or permanently attached to, a self-propelled motor vehicle chassis or van. The vehicle must provide at least four of the following facilities:  cooking, refrigeration or icebox, self-contained toilet, heating or air conditioning, a portable water supply system including a faucet and sink, separate 110-125 volt electrical power supply, or an LP gas supply.

d3.       School activity bus. - A vehicle, generally painted a different color from a school bus, whose primary purpose is to transport school students and others to or from a place for participation in an event other than regular classroom work. The term includes a public, private, or parochial vehicle that meets this description.

d4.       School bus. - A vehicle whose primary purpose is to transport school students over an established route to and from school for the regularly scheduled school day, that is equipped with alternately flashing red lights on the front and rear and a mechanical stop signal, and that bears the words "School Bus" on the front and rear in letters at least 8 inches in height. The term includes a public, private, or parochial vehicle that meets this description.

e.         U-drive-it passenger vehicles. - Passenger vehicles included in the definition of U-drive-it vehicles set forth in this section.

f.          Ambulances. - Vehicles equipped for transporting wounded, injured, or sick persons.

g.         Private passenger vehicles. - All other passenger vehicles not included in the above definitions.

h.         Low-speed vehicle. - Any four-wheeled electric vehicle whose top speed is greater than 20 miles per hour but less than 25 miles per hour. Low-speed vehicles must comply with the safety standards in 40 C.F.R. 571.500."

SECTION 3.  G.S. 20-4.01 reads as rewritten:

"§ 20-4.01.  Definitions.

Unless the context requires otherwise, the following definitions apply throughout this Chapter to the defined words and phrases and their cognates:

(48c)   Utility Vehicle. - Vehicle designed and manufactured for general maintenance, security, recreational, and landscaping purposes, but does not include vehicles designed or used primarily for the transportation of persons or property on a street or highway.

…"

SECTION 4.  G.S. 20-87 is amended by adding a new subdivision to read:

"(12)   Electric vehicles; registration fees. - The license and registration fees for an electric vehicle or low-speed vehicle are the same as those prescribed in this section for vehicles which are not electrically powered."

SECTION 5.  Chapter 20 of the General Statutes is amended by adding a new section to read:

"§ 20-121.1  Operation of a low-speed vehicle on certain roadways.

The operation of a low-speed vehicle, as defined in G.S. 20-4.01(27)h. is authorized with the following restrictions:

(1)       A low-speed vehicle may be operated only on streets and highways where the posted speed limit is 35 miles per hour or less. This does not prohibit a low-speed vehicle from crossing a road or street at an intersection where the road or street being crossed has a posted speed limit of more than 35 miles per hour.

(2)       A low-speed vehicle shall be equipped with headlamps, stop lamps, turn signal lamps, tail lamps, reflex reflectors, parking brakes, rearview mirrors, windshields, windshield wipers, speedometer, seat belts, and a vehicle identification number.

(3)       A low-speed vehicle shall be registered and insured in accordance with G.S. 20-50 and G.S. 20-309.

(4)       The Department of Transportation may prohibit the operation of low-speed vehicles on any road or highway if it determines that the prohibition is necessary in the interest of safety."

SECTION 6.  This act becomes effective July 1, 2001.