GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2015

H                                                                                                                                                    1

HOUSE BILL 102

Short Title:        Utility Vehicles/Law Enforcement.		(Public)
Sponsors:	Representative Davis (Primary Sponsor). For a complete list of Sponsors, refer to the North Carolina General Assembly Web Site.
Referred to:	Transportation.

February 27, 2015

A BILL TO BE ENTITLED

AN ACT to authorize law enforcement officers, emergency personnel, and certain municipal and county employees to operate utility vehicles on some public highways.

The General Assembly of North Carolina enacts:

SECTION 1.  G.S. 20‑171.23 reads as rewritten:

"§ 20‑171.23.  Motorized all‑terrainall terrain vehicles of law enforcement officers and fire, rescue, and emergency medical services permitted on certain highways.

(a)        Law enforcement officers acting in the course and scope of their duties may operate motorized all‑terrain vehicles, as defined in G.S. 14‑159.3(b)all terrain vehicles and owned or leased by the agency, or under the direct control of the incident commander, on: (i) public highways where the speed limit is 35 miles per hour or less; and (ii) nonfully controlled access highways with higher speeds for the purpose of traveling from a speed zone to an adjacent speed zone where the speed limit is 35 miles per hour or less.

(b)        Fire, rescue, and emergency medical services personnel acting in the course and scope of their duties may operate motorized all‑terrain vehicles, as defined in G.S. 14‑159.3(b)all terrain vehicles and owned or leased by fire, rescue, or emergency medical services departments, or under the direct control of the incident commander, on: (i) public highways where the speed limit is 35 miles per hour or less; and (ii) nonfully controlled access highways with higher speeds for the purpose of traveling from a speed zone to an adjacent speed zone where the speed limit is 35 miles per hour or less.

(c)        This Part and all other State laws governing the operation of all‑terrainall terrain vehicles apply to the operation of all‑terrain vehicles authorized by this section.

(d)        An all‑terrainall terrain vehicle operated pursuant to this section shall be equipped with operable front and rear lights and a horn.

(e)        A person operating an all‑terrainall terrain vehicle pursuant to this section shall observe posted speed limits and shall not exceed the manufacturer's recommended speed for the vehicle.

(f)         A person operating an all‑terrainall terrain vehicle pursuant to this section shall carry an official identification card or badge.

(g) For purposes of this section, the term "motorized all terrain vehicle" has the same meaning as in G.S. 14‑159.3, except that the term also includes utility vehicles, as defined in this Chapter."

SECTION 2.  G.S. 20‑171.24 reads as rewritten:

"§ 20‑171.24.  Motorized all‑terrainall terrain vehicle use by employees of listed municipalities and counties permitted on certain highways.

(a)        Municipal and county employees may operate motorized all‑terrain vehicles, as defined in G.S. 14‑159.3(b)all terrain vehicles and owned or leased by the agency, on: (i) public highways where the speed limit is 35 miles per hour or less; and (ii) nonfully controlled access highways with higher speeds for the purpose of traveling from a speed zone to an adjacent speed zone where the speed limit is 35 miles per hour or less.

(b)        This Part and all other State laws governing the operation of all‑terrainall terrain vehicles apply to the operation of all‑terrainall terrain vehicles authorized by this section.

(c)        An all‑terrainall terrain vehicle operated pursuant to this section shall be equipped with operable front and rear lights and a horn.

(d)        A person operating an all‑terrainall terrain vehicle pursuant to this section shall observe posted speed limits and shall not exceed the manufacturer's recommended speed for the vehicle.

(e)        A person operating an all‑terrainall terrain vehicle pursuant to this section shall carry an official identification card or badge.

(e1) For purposes of this section, the term "motorized all terrain vehicle" has the same meaning as in G.S. 14‑159.3, except that the term also includes utility vehicles, as defined in this Chapter.

(f)         This section applies to the Towns of Ansonville, Atlantic Beach, Burgaw, Carolina Beach, Cramerton, Dallas, Davidson, Duck, Emerald Isle, Franklin, Indian Beach, Kill Devil Hills, Kitty Hawk, Kure Beach, Lowell, Manteo, Murphy, Nags Head, North Topsail Beach, Oakboro, Ocean Isle Beach, Pine Knoll Shores, Stanley, Surf City, Sylva, Topsail Beach, Williamston, Wrightsville Beach, and Yanceyville, the Cities of Albemarle, Belmont, Cherryville, Gastonia, Hamlet, Kings Mountain, Mount Holly, and Rockingham and the Counties of Cleveland, Currituck, Gaston, Surry, and WilkesWilkes, and Wilmington only."

SECTION 3.  This act is effective when it becomes law.