GENERAL ASSEMBLY OF NORTH CAROLINA
                          SESSION 2005
                              
                               
                      SESSION LAW 2005-189
                         HOUSE BILL 288


AN ACT to amend the law concerning what the driver of a motor vehicle shall do 
upon approach of an emergency vehicle.

The General Assembly of North Carolina enacts:
       
       SECTION 1.  G.S. 20-157 reads as rewritten:
"§
20‑157.  Approach of police, law enforcement, fire
department or rescue squad vehicles or ambulances; driving over fire hose or
blocking fire‑fighting equipment; parking, etc., near police,
law enforcement, fire department, or rescue squad vehicle or ambulance.

(a)       Upon the approach of any
police law enforcement or fire department vehicle or public or
private ambulance or rescue squad emergency service vehicle giving warning
signal by appropriate light and by audible bell, siren or exhaust whistle,
audible under normal conditions from a distance not less than 1000 feet, the
driver of every other vehicle shall immediately drive the same to a position as
near as possible and parallel to the right‑hand edge or curb, clear of
any intersection of streets or highways, and shall stop and remain in such position
unless otherwise directed by a police law enforcement or traffic
officer until police law enforcement or fire department vehicle
or public or private ambulance or rescue squad emergency service vehicle shall
have passed. Provided, however, this subsection shall not apply to vehicles
traveling in the opposite direction of the vehicles herein enumerated when
traveling on a four‑lane limited access highway with a median divider
dividing the highway for vehicles traveling in opposite directions, and provided
further that the violation of this subsection shall not be negligence
per se. Violation of this subsection is a Class 2 misdemeanor.

(b)       It shall be unlawful for
the driver of any vehicle other than one on official business to follow any
fire apparatus traveling in response to a fire alarm closer than one block or
to drive into or park such vehicle within one block where fire apparatus has
stopped in answer to a fire alarm.

(c)       Outside of the corporate
limits of any city or town it shall be unlawful for the driver of any vehicle
other than one on official business to follow any fire apparatus traveling in
response to a fire alarm closer than 400 feet or to drive into or park such
vehicle within a space of 400 feet from where fire apparatus has stopped in
answer to a fire alarm.

(d)       It shall be unlawful to
drive a motor vehicle over a fire hose or any other equipment that is being
used at a fire at any time, or to block a fire‑fighting apparatus or any
other equipment from its source of supply regardless of its distance from the
fire.

(e)       It shall be unlawful for
the driver of a vehicle, other than one on official business, to park and leave
standing such vehicle within 100 feet of police law enforcement or
fire department vehicles, public or private ambulances, or rescue squad
emergency vehicles which are engaged in the investigation of an accident or
engaged in rendering assistance to victims of such accident.

(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 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. 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 has been called to the scene by a motorist
or a law enforcement officer, 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 not be negligence per se.

(g)       Except as
provided in subsections (a), (h), and (i) of this section, violation of this
section shall be an infraction punishable by a fine of two hundred fifty
dollars ($250.00).

(h)       A person who
violates this section and causes damage to property in the immediate area of
the authorized emergency vehicle or public service vehicle in excess of five
hundred dollars ($500.00), or causes injury to a law enforcement officer, a
firefighter, an emergency vehicle operator, an Incident Management Assistance
Patrol member, a public service vehicle operator, or any other emergency
response person in the immediate area of the authorized emergency vehicle or
public service vehicle is guilty of a Class 1 misdemeanor.

(i)        A person who
violates this section and causes serious injury or death to a law enforcement officer,
a firefighter, an emergency vehicle operator, an Incident Management Assistance
Patrol member, a public service vehicle operator, or any other emergency
response person in the immediate area of the authorized emergency vehicle or
public service vehicle is guilty of a Class I felony. The Division may suspend,
for up to six months, the drivers license of any person convicted under this
subsection. If the Division suspends a person's license under this subsection,
a judge may allow the licensee a limited driving privilege for a period not to
exceed the period of suspension, provided the person's license has not also
been revoked or suspended under any other provision of law. The limited driving
privilege shall be issued in the same manner and under the terms and conditions
prescribed in G.S. 20‑16.1(b)."




       
SECTION 2.  This act becomes effective July 1, 2006, and applies to offenses 
	   committed on or after that date.

In the General Assembly read three times and ratified this the 7th day of July, 2005.

 s/ Beverly E. Perdue
President of the Senate



 
s/ James B. Black
Speaker of the House of Representatives




s/ Michael F. Easley
Governor




Approved 11:16 a.m. this 14th day of July, 2005

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