A BILL TO BE ENTITLED
AN ACT to make changes in motor vehicle law regarding the wearing of a safety helmet by use of a retention strap, what "public service vehicle" means, changing the word STOPLIGHT to traffic signal, and changing the time allowed for removal of a vehicle from a public highway or rest area.
The General Assembly of North Carolina enacts:
SECTION 1.  G.S. 20‑140.4 reads as rewritten:
"§ 20‑140.4.  Special provisions for motorcycles and mopeds.
(a)	No person shall operate a motorcycle or moped upon a highway or public vehicular area:
(1)	When the number of persons upon such motorcycle or moped, including the operator, shall exceed the number of persons which it was designed to carry.
(2)	Unless the operator and all passengers thereon wear on their head, with a retention strap properly secured, safety helmets of a type that complies with Federal Motor Vehicle Safety Standard (FMVSS) 218. 
(b)	Violation of any provision of this section shall not be considered negligence per se or contributory negligence per se in any civil action.
(c)	Any person convicted of violating this section shall have committed an infraction and shall be fined according to G.S. 20‑135.2A(e) and (f)."
SECTION 2. G.S. 20‑157(f) reads as rewritten:
"§ 20‑157.  Approach of law enforcement, fire department or rescue squad vehicles or ambulances; driving over fire hose or blocking fire‑fighting equipment; parking, etc., near law enforcement, fire department, or rescue squad vehicle or ambulance.
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(f)	When an authorized emergency vehicle as described in subsection (a) of this section or any public service vehicle is parked or standing within 12 feet of a roadway and is giving a warning signal by appropriate light, the driver of every other approaching vehicle shall, as soon as it is safe and when not otherwise directed by an individual lawfully directing traffic, do one of the following:
(1)	Move the vehicle into a lane that is not the lane nearest the parked or standing authorized emergency vehicle or public service vehicle and continue traveling in that lane until safely clear of the authorized emergency vehicle. This paragraph applies only if the roadway has at least two lanes for traffic proceeding in the direction of the approaching vehicle and if the approaching vehicle may change lanes safely and without interfering with any vehicular traffic.
(2)	Slow the vehicle, maintaining a safe speed for traffic conditions, and operate the vehicle at a reduced speed and be prepared to stop until completely past the authorized emergency vehicle or public service vehicle. This paragraph applies only if the roadway has only one lane for traffic proceeding in the direction of the approaching vehicle or if the approaching vehicle may not change lanes safely and without interfering with any vehicular traffic.
For purposes of this section, "public service vehicle" means a vehicle that is being used to assist motorists or law enforcement officers with wrecked or disabled vehicles, and is operating an amber‑colored flashing light authorized by G.S. 20‑130.2. Violation of this subsection shall be negligence per se.
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SECTION 3.  G.S. 20‑158(b) reads as rewritten:
"§ 20‑158.  Vehicle control signs and signals.
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(b)	Control of Vehicles at Intersections. –
(1)	When a stop sign has been erected or installed at an intersection, it shall be unlawful for the driver of any vehicle to fail to stop in obedience thereto and yield the right‑of‑way to vehicles operating on the designated main‑traveled or through highway. When stop signs have been erected at three or more entrances to an intersection, the driver, after stopping in obedience thereto, may proceed with caution.
(2)	a.	When a traffic signal is emitting a steady red circular light controlling traffic approaching an intersection, an approaching vehicle facing the red light shall come to a stop and shall not enter the intersection. After coming to a complete stop and unless prohibited by an appropriate sign, that approaching vehicle may make a right turn.
b.	Any vehicle that turns right under this subdivision shall yield the right‑of‑way to:
1.	Other traffic and pedestrians using the intersection; and
2.	Pedestrians who are moving towards the intersection, who are in reasonably close proximity to the intersection, and who are preparing to cross in front of the traffic that is required to stop at the red light.
c.	Failure to yield to a pedestrian under this subdivision shall be an infraction, and the court may assess a penalty of not more than five hundred dollars ($500.00) and not less than one hundred dollars ($100.00).
d.	The Department of Transportation shall collect data regarding the number of individuals who are found responsible for violations of sub‑subdivision b. of this subdivision and the number of pedestrians who are involved in accidents at intersections because of a driver's failure to yield the right‑of‑way while turning right at a red light. The data shall include information regarding the number of disabled pedestrians, including individuals with visual or mobility‑related disabilities, who are involved in right turn on red accidents. The Department shall report the data annually to the Joint Legislative Transportation Oversight Committee beginning January 1, 2006.
(2a)	When a traffic signal is emitting a steady yellow circular light on a traffic signal controlling traffic approaching an intersection or a steady yellow arrow light on a traffic signal controlling traffic turning at an intersection, vehicles facing the yellow light are warned that the related green light is being terminated or a red light will be immediately forthcoming. When the traffic signal is emitting a steady green light, vehicles may proceed with due care through the intersection subject to the rights of pedestrians and other vehicles as may otherwise be provided by law.
(3)	When a flashing red light has been erected or installed at an intersection, approaching vehicles facing the red light shall stop and yield the right‑of‑way to vehicles in or approaching the intersection. The right to proceed shall be subject to the rules applicable to making a stop at a stop sign.
(4)	When a flashing yellow light has been erected or installed at an intersection, approaching vehicles facing the yellow flashing light may proceed through the intersection with caution, yielding the right‑of‑way to vehicles in or approaching the intersection.
(5)	When a stop sign, traffic signal, flashing light, or other traffic‑control device authorized by subsection (a) of this section requires a vehicle to stop at an intersection, the driver shall stop (i) at an appropriately marked stop line, or if none, (ii) before entering a marked crosswalk, or if none, (iii) before entering the intersection at the point nearest the intersecting street where the driver has a view of approaching traffic on the intersecting street.
(6)	When a traffic signal is not illuminated due to a power outage or other malfunction, vehicles shall approach the intersection and proceed through the intersection as though such intersection is controlled by a stop sign on all approaches to the intersection. This subdivision shall not apply if the movement of traffic at the intersection is being directed by a law enforcement officer, another authorized person, or another type of traffic control device."
SECTION 4.  G.S. 20‑158(c) reads as rewritten:
"§ 20‑158.  Vehicle control signs and signals.
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(c)	Control of Vehicles at Places other than Intersections. –
(1)	When a stop sign has been erected or installed at a place other than an intersection, it shall be unlawful for the driver of any vehicle to fail to stop in obedience thereto and yield the right‑of‑way to pedestrians and other vehicles.
(2)	When a traffic signal has been erected or installed at a place other than an intersection, and is emitting a steady red light, vehicles facing the red light shall come to a complete stop. When the traffic signal is emitting a steady yellow light, vehicles facing the light shall be warned that a red light will be immediately forthcoming and that vehicles may not proceed through such a red light. When the traffic signal is emitting a steady green light, vehicles may proceed subject to the rights of pedestrians and other vehicles as may otherwise be provided by law.
(3)	When a flashing red light has been erected or installed at a place other than an intersection, approaching vehicles facing the light shall stop and yield the right‑of‑way to pedestrians or other vehicles.
(4)	When a flashing yellow light has been erected or installed at a place other than an intersection, approaching vehicles facing the light may proceed with caution, yielding the right‑of‑way to pedestrians and other vehicles.
(5)	When a traffic signal, stop sign, or other traffic control device authorized by subsection (a) requires a vehicle to stop at a place other than an intersection, the driver shall stop at an appropriately marked stop line, or if none, before entering a marked crosswalk, or if none, before proceeding past the traffic control device.
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SECTION 5.  G.S. 20‑161(e) reads as rewritten:
"§ 20‑161.  Stopping on highway prohibited; warning signals; removal of vehicles from public highway.
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(e)	When any vehicle is parked 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 be deemed to have appointed any investigating law‑enforcement officer his agent for the purpose of arranging for the transportation and safe storage of such vehicle and such investigating law‑enforcement officer shall be deemed a legal possessor of the motor vehicle within the meaning of that term as it appears in G.S. 44A‑2(d).
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SECTION 6.  G.S. 20‑161(f) reads as rewritten:
"§ 20‑161.  Stopping on highway prohibited; warning signals; removal of vehicles from public highway.
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(f)	Any investigating law enforcement officer, with the concurrence of the Department of Transportation, may immediately remove or cause to be removed from the State highway system any wrecked, abandoned, disabled, unattended, burned, or partially dismantled vehicle, cargo, or other personal property interfering with the regular flow of traffic or which otherwise constitutes a hazard. In the event of a motor vehicle crash involving serious personal injury or death, no removal shall occur until the investigating law enforcement officer determines that adequate information has been obtained for preparation of a crash report. No state or local law enforcement officer, Department of Transportation employee, or person or firm contracting or assisting in the removal or disposition of any such vehicle, cargo, or other personal property shall be held criminally or civilly liable for any damage or economic injury related to carrying out or enforcing the provisions of this section.
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SECTION 7.  This act is effective when it becomes law.