§ 143-116.8. Motor vehicle laws applicable to State parks and forests road system. - North Carolina Statutes

§ 143‑116.8.  Motor vehicle laws applicable toState parks and forests road system.

(a)        Except as otherwise provided in this section, all theprovisions of Chapter 20 of the General Statutes relating to the use ofhighways and public vehicular areas of the State and the operation of vehiclesthereon are made applicable to the State parks and forests road system. For thepurposes of this section, the term "State parks and forests roadsystem" shall mean the streets, alleys, roads, public vehicular areas and drivewaysof the State parks, State forests, State recreation areas, State lakes, and allother lands administered by the Department of Environment and NaturalResources. This term shall not be construed, however, to include streets thatare a part of the State highway system. Any person violating any of theprovisions of Chapter 20 hereby made applicable in the State parks and forestsroad system shall, upon conviction, be punished in accordance with Chapter 20.Nothing herein contained shall be construed as in any way interfering with theownership and control of the State parks and forests road system by theDepartment of Environment and Natural Resources.

(b)       (1)        Itshall be unlawful for a person to operate a vehicle in the State parks andforests road system at a speed in excess of twenty‑five miles per hour(25 mph). When the Secretary of Environment and Natural Resources determinesthat this speed is greater than reasonable and safe under the conditions foundto exist in the State parks and forests road system, the Secretary mayestablish a lower reasonable and safe speed limit. No speed limit establishedby the Secretary pursuant to this provision shall be effective until posted inthe part of the system sought to be affected.

(2)        Any person convicted of violating this subsection byoperating a vehicle on the State parks and forests road system while fleeing orattempting to elude arrest or apprehension by a law enforcement officer withauthority to enforce the motor vehicle laws, shall be punished as provided inG.S. 20‑141.5.

(3)        For the purposes of enforcement and administration ofChapter 20, the speed limits stated and authorized to be adopted by thissection are speed limits under Chapter 20.

(4)        The Secretary may designate any part of the State parks andforests road system for one‑way traffic and shall erect appropriate signsgiving notice thereof. It shall be a violation of G.S. 20‑165.1 for anyperson to willfully drive or operate any vehicle on any part of the State parksand forests road system so designated except in the direction indicated.

(5)        The Secretary shall have power, equal to the power of localauthorities under G.S. 20‑158 and G.S. 20‑158.1, to place vehiclecontrol signs and signals and yield‑right‑of‑way signs in theState parks and forests road system; the Secretary also shall have power topost such other signs and markers and mark the roads in accordance with Chapter20 as the Secretary may determine appropriate for highway safety and trafficcontrol. The failure of any vehicle driver to obey any vehicle control sign orsignal, or any yield‑right‑of‑way sign placed under theauthority of this section in the State parks and forests road system shall bean infraction and shall be punished as provided in G.S. 20‑176.

(c)        The Secretary of Environment and Natural Resources may, byrule, regulate parking and establish parking areas, and provide for the removalof illegally parked motor vehicles on the State parks and forests road system.Any rule of the Secretary shall be consistent with the provisions of G.S. 20‑161,20‑161.1, and 20‑162. Any removal of illegally parked motorvehicles shall be in compliance with Article 7A of Chapter 20.

(d)        A violation of the rules issued by the Secretary ofEnvironment and Natural Resources under subsection (c) of this section is aninfraction pursuant to G.S. 20‑162.1, and shall be punished as thereinprovided. These rules may be enforced by the Commissioner of Motor Vehicles,the Highway Patrol, or other law enforcement officers of the State, counties,cities or other municipalities having authority under Chapter 20 to enforcelaws or rules on travel or use or operation of vehicles or the use orprotection of the highways of the State.

(e)        The provisions of Chapter 20 are applicable at all times tothe State parks and forests road system, including closing hours, regardless ofthe fact that during closing hours the State parks and forests road system isnot open to the public as a matter of right. (1987, c. 474, s. 1; 1989, c. 727, s. 218(96); 1997‑443, ss.11A.119(a), 19.26(e).)