Stop Signs and Stop Light Violations

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So how long do you have to stop at a stop sign or stop light?  North Carolina General Statute 20-158 reads as follows:

§ 20-158.  Vehicle control signs and signals.

(a)        The Department of Transportation, with reference to State highways, and local authorities, with reference to highways under their jurisdiction, are hereby authorized to control vehicles:

(1)        At intersections, by erecting or installing stop signs requiring vehicles to come to a complete stop at the entrance to that portion of the intersection designated as the main traveled or through highway. Stop signs may also be erected at three or more entrances to an intersection.

(2)        At appropriate places other than intersections, by erecting or installing stop signs requiring vehicles to come to a complete stop.

(3)        At intersections and other appropriate places, by erecting or installing steady-beam traffic signals and other traffic control devices, signs, or signals. All steady-beam traffic signals emitting alternate red and green lights shall be arranged so that the red light in vertical-arranged signal faces shall appear above, and in horizontal-arranged signal faces shall appear to the left of all yellow and green lights.

(4)        At intersections and other appropriate places, by erecting or installing flashing red or yellow lights.

(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.         Repealed by Session Laws 2014-58, s. 4, effective July 7, 2014.

(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.

(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.

(6)        When a ramp meter is displaying a circular red display, vehicles facing the red light must stop. When a ramp meter is displaying a circular green display, a vehicle may proceed for each lane of traffic facing the meter. When the display is dark or not emitting a red or green display, a vehicle may proceed without stopping. A violation of this subdivision is an infraction. No drivers license points or insurance surcharge shall be assessed as a result of a violation of this subdivision.

(d)       No failure to stop as required by the provisions of this section shall be considered negligence or contributory negligence per se in any action at law for injury to person or property, but the facts relating to such failure to stop may be considered with the other facts in the case in determining whether a party was guilty of negligence or contributory negligence.

(e)        Defense. - It shall be a defense to a violation of sub-subdivision (b)(2)a. of this section if the operator of a motorcycle, as defined in G.S. 20-4.01(27)h., shows all of the following:

(1)        The operator brought the motorcycle to a complete stop at the intersection or stop bar where a steady red light was being emitted in the direction of the operator.

(2)        The intersection is controlled by a vehicle actuated traffic signal using an inductive loop to activate the traffic signal.

(3)        No other vehicle that was entitled to have the right-of-way under applicable law was sitting at, traveling through, or approaching the intersection.

(4)        No pedestrians were attempting to cross at or near the intersection.

(5)        The motorcycle operator who received the citation waited a minimum of three minutes at the intersection or stop bar where the steady red light was being emitted in the direction of the operator before entering the intersection.

 

While this statute states you must come to a Complete Stop, there is no definition of Complete Stop in the NC General Statutes.  It is often said you must come to a count of 3 but there is no legal definition that gives that requirement.  In fact, the statute states that you may proceed when safe to do so.

NC Seat Belt Law

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Always good to review the NC seat belt ticket law.  In addition to the great article below, it is good to know the following.

1.  Passenger seat belt violation by itself is not a reason to stop a vehicle by law enforcement.
2.  There are no driving points or insurance points for a seat belt charge.  However, there are drivers license points for an underage seat belt charge.
3.  Failure to pay a seat belt ticket or go to court can result in  a license suspension by DMV.
4.  Seat belt must be properly fastened.  This means you cannot have the shoulder belt under your arm.  If you have a medical condition that prevents you from wearing the seat belt properly, you need a note from your doctor.

§ 20-135.2A.  (See Editor's note) Seat belt use mandatory.

(a)        Except as otherwise provided in G.S. 20-137.1, each occupant of a motor vehicle manufactured with seat belts shall have a seatbelt properly fastened about his or her body at all times when the vehicle is in forward motion on a street or highway in this State.

(b)        Repealed by Session Laws 2006-140, s. 1, effective December 1, 2006.

(c)        This section shall not apply to any of the following:

(1)        A driver or occupant of a noncommercial motor vehicle with a medical or physical condition that prevents appropriate restraint by a safety belt or with a professionally certified mental phobia against the wearing of vehicle restraints.

(2)        A motor vehicle operated by a rural letter carrier of the United States Postal Service while performing duties as a rural letter carrier and a motor vehicle operated by a newspaper delivery person while actually engaged in delivery of newspapers along the person's specified route.

(3)        A driver or passenger frequently stopping and leaving the vehicle or delivering property from the vehicle if the speed of the vehicle between stops does not exceed 20 miles per hour.

(4)        Any vehicle registered and licensed as a property-carrying vehicle in accordance with G.S. 20-88, while being used for agricultural purposes in intrastate commerce.

(5)        A motor vehicle not required to be equipped with seat safety belts under federal law.

(6)        Any occupant of a motor home, as defined in G.S. 20-4.01(27)k, other than the driver and front seat passengers.

(7)        Any occupant, while in the custody of a law enforcement officer, being transported in the backseat of a law enforcement vehicle.

(8)        A passenger of a residential garbage or recycling truck while the truck is operating during collection rounds.

(d)       Evidence of failure to wear a seat belt shall not be admissible in any criminal or civil trial, action, or proceeding except in an action based on a violation of this section or as justification for the stop of a vehicle or detention of a vehicle operator and passengers.

(d1)     Failure of a rear seat occupant of a vehicle to wear a seat belt shall not be justification for the stop of a vehicle.

(e)        Any driver or front seat passenger who fails to wear a seat belt as required by this section shall have committed an infraction and shall pay a penalty of twenty-five dollars and fifty cents ($25.50) plus the following court costs: the General Court of Justice fee provided for in G.S. 7A-304(a)(4), the telephone facilities fee provided for in G.S. 7A-304(a)(2a), and the law enforcement training and certification fee provided for in G.S. 7A-304(a)(3b). Any rear seat occupant of a vehicle who fails to wear a seat belt as required by this section shall have committed an infraction and shall pay a penalty of ten dollars ($10.00) and no court costs. Court costs assessed under this section are for the support of the General Court of Justice and shall be remitted to the State Treasurer. Conviction of an infraction under this section has no other consequence.

(f)        No drivers license points or insurance surcharge shall be assessed on account of violation of this section.

(g)        The Commissioner of Motor Vehicles and the Department of Public Instruction shall incorporate in driver education programs and driver licensing programs instructions designed to encourage compliance with this section as an important means of reducing the severity of injury to the users of restraint devices and on the requirements and penalties specified in this law.

20-137.1.  Child restraint systems required.

(a)        Every driver who is transporting one or more passengers of less than 16 years of age shall have all such passengers properly secured in a child passenger restraint system or seat belt which meets federal standards applicable at the time of its manufacture.

(a1)      A child less than eight years of age and less than 80 pounds in weight shall be properly secured in a weight-appropriate child passenger restraint system. In vehicles equipped with an active passenger-side front air bag, if the vehicle has a rear seat, a child less than five years of age and less than 40 pounds in weight shall be properly secured in a rear seat, unless the child restraint system is designed for use with air bags. If no seating position equipped with a lap and shoulder belt to properly secure the weight-appropriate child passenger restraint system is available, a child less than eight years of age and between 40 and 80 pounds may be restrained by a properly fitted lap belt only.

(b)        The provisions of this section shall not apply: (i) to ambulances or other emergency vehicles; (ii) if all seating positions equipped with child passenger restraint systems or seat belts are occupied; or (iii) to vehicles which are not required by federal law or regulation to be equipped with seat belts.

(c)        Any driver found responsible for a violation of this section may be punished by a penalty not to exceed twenty-five dollars ($25.00), even when more than one child less than 16 years of age was not properly secured in a restraint system. No driver charged under this section for failure to have a child under eight years of age properly secured in a restraint system shall be convicted if he produces at the time of his trial proof satisfactory to the court that he has subsequently acquired an approved child passenger restraint system for a vehicle in which the child is normally transported.

(d)       A violation of this section shall have all of the following consequences:

(1)        Two drivers license points shall be assessed pursuant to G.S. 20-16.

(2)        No insurance points shall be assessed.

(3)        The violation shall not constitute negligence per se or contributory negligence per se.

(4)        The violation shall not be evidence of negligence or contributory negligence. (1981, c. 804, ss. 1, 4, 5; 1985, c. 218; 1993 (Reg. Sess., 1994), c. 748, s. 1; 1999-183, ss. 6, 7; 2000-117, s. 1; 2004-191, ss. 1, 2; 2007-6, s. 1.)

Speeding in a Sub Division

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I often get clients who are either speeding or running stop signs in parking lots or in subdivisions.  Below is a great article from Shea Denning of the North Carolina School of Government on the issue.



Many subdivisions consisting of private roadways have these signs, and they often admonish drivers not to exceed a very specific speed that is not a multiple of five, such as 17 miles per hour. But so long as the subdivision roads remain privately owned and are not dedicated to a municipality, driving in excess of these specific speed limits is not a speeding infraction.

Why not? G.S. 20-141(b) makes it unlawful to drive in excess of the following speeds: 35 miles per hour inside municipal limits and 55 miles per hour outside municipal limits. The subsection does not specify the types of roadways to which it applies, but related provisions of G.S. 20-141 make clear that these limitations apply only on streets or highways, which are roadways open to the public as a matter of right. G.S. 20-4.01(13), (46). G.S. 20-141(e) permits local authorities, which include a county, municipality, or other territorial district with a local board or body that is authorized to adopt local police regulations, to adopt ordinances authorizing higher or lower speeds than those set out in G.S. 20-141(b) upon streets that are not part of the State highway system. (Local ordinances may not, however, authorize any speed in excess of 55 miles per hour.) Speed limits set pursuant to G.S. 20-141(e) are effective when appropriate signs giving notice of the speed limit are erected upon the part of the streets affected.

Thus, a municipality could adopt a 17 mile-per-hour speed limit, but only for a city street. G.S. 20-141(e); see also G.S. 160A-296 (authorizing a city to regulate public streets, sidewalks, alleys and bridges as discussed here).

Private roads within a subdivision that have not been dedicated to the city are not streets. They may be open to the public, but they are not open to the public as a matter of right. Instead, such private roadways are properly classified as public vehicular areas, which are defined in part as roads used by vehicular traffic within or leading to a gated or non-gated subdivision or community, whether or not the subdivision or community roads have been offered for dedication to the public. G.S. 20-4.01(32)c.

But before you put the pedal to the metal, you should know this. Simply because exceeding the specified speed limit posted on a private subdivision road is not an infraction, a driver may not speed in such an area with impunity. A separate provision of the speeding statute, G.S. 20-141(a), makes it unlawful to drive a vehicle on a street or public vehicular area at a speed “greater than is reasonable and prudent” under existing conditions. Driving too fast for conditions on a private subdivision street is, therefore, a speeding infraction. In addition, driving a vehicle in a public vehicular area “without due caution and circumspection” and at a speed or in a way that endangers, or is likely to endanger, people or property constitutes reckless driving under G.S. 20-140(b), a Class 2 misdemeanor.

Riding with Feet on Dashboard

    

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I just came across this article.  While it is not illegal, it is not a good idea.
A Tennessee fire department took to Facebook on August 3 to share an extremely crucial car safety tip that often gets overlooked.
The Chattanooga Fire Department shared the alarming message, which was originally posted by road safety activist Shane O'Connor on Twitter, to warn residents about the dangers of riding in a car with their feet on the dashboard.
“While traveling this weekend, I noticed many passengers had their feet on the dashboard of their car,” the post read. “Airbags deploy between 100 & 220 MPH. If you ride with your feet on the dash and you’re involved in an accident, the airbag may send your knees through your eye sockets.”
While that may sound like a far-fetched scenario, one Georgia woman can confirm that this nightmare can, indeed, happen to anyone.
Audra Tatum says that she used to ride in cars with her feet on the dashboard all the time.
“My husband would tell me, ‘If we have a wreck it’s going to break your leg.’ I dismissed him,” she told WTVC.

But on August 2, 2015, all that changed when Tatum and her husband T-boned another vehicle on their way to pick up their two son’s from her parents’ house.
At the time of the crash, Tatum wasn’t wearing a seat belt and was also resting her foot up against the dashboard.
The force of the airbags exploding threw her foot up into her face, shattering her nose, ankle, femur and shoulder.
Sadly, doctors told Tatum that if she had both of her feet on the floor at the time of the crash, she likely wouldn’t have sustained any injuries at all.

New Motorist and Bicycle Laws

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Great article on the new laws on sharing the road with bicycles.

Thanks to Shea Denning from the School of Government.

Cycling is big on the street where I live. A bike shop recently opened nearby and cyclists frequently head out for Sunday afternoon group rides. Sometimes there’s a theme. A few months ago, the cyclists were all wearing tweed and tartan and many of the bikes were adorned with flowers. I find it both entertaining and uplifting to watch these folks ride.
I’m a bit less sanguine about the cyclists I encounter crossing Jordan Lake on Farrington Road at 5:30 p.m. on a weekday. That’s a busy, narrow road with no bike lane. During that time of day, when everyone is heading home from work, there often is little opportunity to pass a cyclist who isn’t traveling the speed limit.
And I’m downright hostile to cyclists who use the right hand edge of a single lane to pass a queue of motor vehicles stopped a stop light to claim a position in front.
My admittedly schizophrenic reaction to sharing the road with cyclists illustrates some of the difficulties faced by the working group charged with assisting the North Carolina Department of Transportation (NCDOT) in formulating statutory changes to better ensure the safety of bicyclists and motorists on the state’s roadways. Perhaps, then, it was predictable that NCDOT’s recommendations would be a mixed bag, generating both cheers and jeers from the cycling community.
NCDOT’s report recommends several statutory changes, including the following:
Amendments to the no passing law in G.S. 20-150. NCDOT recommends that G.S. 20-150 be amended to permit motorists to pass cyclists who have not signaled for a left turn so long as the motorist provides a minimum of four feet of clearance between his motor vehicle and the bicycle or completely enters the left lane. The proposed amendment would allow motorists to pass cyclists even if the roadway was marked with a double-yellow line, indicating that the area was one in which it was unlawful to pass other motor vehicles. NCDOT’s report notes that it establishes no passing zones with the size and speed capabilities of motor vehicles in mind rather than in consideration of the smaller size and slower speeds of cyclists. This proposal appears to be relatively non-controversial. It was endorsed by both NCDOT and the working group convened to consider the issues, which included cycling enthusiasts, law enforcement officers, and representatives from the agriculture and trucking industries.
Enactment of a law permitting cyclists to ride no more than two abreast. Existing laws do not clearly authorize cyclists to ride two abreast, but, given that motorcycles are authorized to ride two abreast, this type of riding by cyclists is generally accepted. The practice of some cycling groups of spreading out to ride more than two abreast, however, is controversial in addition to lacking any statutory authorization. NCDOT (but not the working group) recommends that the legislature enact a statute approving the operation of bicycles no more than two abreast in a single marked travel lane, except when overtaking another bicyclist. A reporter explained yesterday on WUNC’s The State of Things that some cyclists think this change will unnecessarily impede cycling groups from expeditiously crossing intersections. If the cyclists can fan out across the lane and cross as a group, then the group can proceed through the intersection more quickly.
Enactment of a law requiring cyclists to ride in the right half of the right most travel lane. G.S. 20-146(b) requires any vehicle proceeding at less than the speed limit to be driven in the right-hand lane available for thru traffic, or as close as practicable to the right-hand curb or edge of the highway, except when overtaking and passing another vehicle proceeding in the same direction or when preparing for a left turn. The “or” seems to render the second clause inapplicable to cyclists riding in the right lane of a road divided into lanes, regardless of whether they are passing another vehicle or preparing for a left turn. NCDOT (but not the working group) recommends that cyclists riding single file or independently ride on the right half of the right-most travel lane. NCDOT advises that this recommendation could be “folded into education materials as a best practice” or “considered as a statutory amendment.” The agency recommends the following statutory language:

Where a cyclist is riding independently or single abreast, the cyclist shall ride in the right half of the right most travel lane with exceptions described in § 20-146 or except when the cyclist is travelling within 15 miles per hour of the posted speed limit.

Some cycling advocates object to this recommendation. They argue that riding on the right puts them out of view and out of mind of the motorist. It subjects them to a potential “right hook,” the cycling term for what occurs when a motorist turns to the right without regard for the cyclist traveling on her right.

NCDOT traffic engineer Kevin Lacy attempted to explain the rationale for the recommendation in an interview that in yesterday’s The State of Things, saying:

“[W]e drive for what we expect. . . . [I]f you never see a  . . . cyclist on the roadway . . . especially in these rural areas . . . driver expectation . . . is a tremendous benefit. So if I know that the cyclists are supposed to be over here in most cases if they’re going straight then that gives me a little more room as a motorist and . . . I shouldn’t be as surprised if they’re on that half of the road.”

Everyone agrees that more education is needed. The working group and NCDOT agree on several best practices for cyclists and motorists. They also agree that that the legislature should appropriate resources to allow NCDOT to incorporate these practices into education materials, training programs, and outreach to the cycling and motoring public. Granted I’m old (just ask my kids), but I didn’t learn much about cyclists when I went through driver’s education. And it was only in the process of studying up on these proposed legislative changes that I learned what a sharrow was, why my city has rectangular green pavement markings at certain intersections (to remind motorists to be on the lookout for cyclists who may move into the main travel lane) and why some roads may contain bike lanes only on uphill sections of the street.

Teen Civil Revocations

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Teens can have their license revoked for certain driving offenses before a conviction or guilty plea to the charge.  See below for more.
http://nccriminallaw.sog.unc.edu/?p=2754

Court Costs, Fines and Insurance Rates

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More on Court Costs, Fines and Insurance points from the NC school of Government.
http://nccriminallaw.sog.unc.edu/?p=3954

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Your license can be suspended if you are the owner or operator of a motor vehicle involved in an accident where the injured party received a civil judgment that is not paid.

http://law.onecle.com/north-carolina/20-motor-vehicles/20-279.5.html

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Year Round School started up today in Wake County. Now is a good time to review how speeding in a school zone can affect your insurance.
North Carolina General Statute 58-36-75 describes certain insurance waiver provisions under the Safe Driver Incentive Plan. That statute provides that a first conviction within a three year period for speeding 10 mph or less above the posted speed limit will not create any grounds for an increase in insurance premium points. (This waiver does not apply for speeding offenses that occur within a school zone.) This section of the law also provides that under certain circumstances where the driver has had an accident within the previous three year period, the 10 mile or less above the limit waiver does not qualify for the insurance premium enhancement point waiver.

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Just a few things that can cause you to lose your license.  Most drivers are not aware that you can lose your license for getting two tickets where the speed is over 55 in a 12 month period.

North Carolina General Statutes § 20-16 Authority of Division to suspend license.

The Division shall have authority to suspend the license of any operator with or without a preliminary hearing upon a showing by its records or other satisfactory evidence that the licensee:

Has, within a period of 12 months, been convicted of (i) two or more charges of speeding in excess of 55 and not more than 80 miles per hour, (ii) one or more charges of reckless driving and one or more charges of speeding in excess of 55 and not more than 80 miles per hour, or (iii) one or more charges of aggressive driving and one or more charges of speeding in excess of 55 and not more than 80 miles per hour;
(10) Has been convicted of operating a motor vehicle at a speed in excess of 75 miles per hour on a public road or highway where the maximum speed is less than 70 miles per hour;
(10a) Has been convicted of operating a motor vehicle at a speed in excess of 80 miles per hour on a public highway where the maximum speed is 70 miles per hour

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North Carolina rule on failure to pay court costs and fine resulting in suspension of license.

http://law.onecle.com/north-carolina/106-agriculture/106-168.13.html

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Penalties for Drivers Younger Than 18

Driver's younger than 18 face closer scrutiny. You can also lose your driving privileges if:

• Suspended from school for more than 10 consecutive days
• You don't have either a high school diploma or a Driving Eligibility Certificate

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North Carolina Hit and Run – Duty to Stop Laws


North Carolina law requires that you stop after being involved in any accident. When you stop you are required to provide the other driver or pedestrian with “reasonable” assistance if they are injured and give information such as your name, phone number, and insurance company to any other driver of another car involved in the accident.

Misdemeanor vs. Felony Hit and Run Penalties

If you fail to fulfill your duty to stop, you may be charged with hit and run. The category of this offense and the potential sentence depend on the severity of the accident.
If the accident only results in property damage and/or minimal injury, you are facing Class 1 misdemeanor charges. Misdemeanor hit and run for leaving the scene of an accident with property damage or minor injury carries a potential sentence of up to one year in jail as well as fines.
If the accident results in death or a serious injury, Class H felony charges may be filed. Felony hit and run carries a potential sentence of up to 8 months for a first time offender. This means if you have no criminal history, 8 months is the most time you will be sentenced to. If, however, you have prior convictions on your record, this sentence can be increased substantially.
Depending on your record, you may be eligible for probation rather than prison time.