§ 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 dep - North Carolina Statutes

§ 20‑157.  Approach oflaw 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 orambulance.

(a)        Upon the approachof any law enforcement or fire department vehicle or public or privateambulance or rescue squad emergency service vehicle giving warning signal byappropriate light and by audible bell, siren or exhaust whistle, audible undernormal conditions from a distance not less than 1000 feet, the driver of everyother vehicle shall immediately drive the same to a position as near aspossible and parallel to the right‑hand edge or curb, clear of anyintersection of streets or highways, and shall stop and remain in such positionunless otherwise directed by a law enforcement or traffic officer until lawenforcement or fire department vehicle or public or private ambulance or rescuesquad emergency service vehicle shall have passed. Provided, however, thissubsection shall not apply to vehicles traveling in the opposite direction ofthe vehicles herein enumerated when traveling on a four‑lane limitedaccess highway with a median divider dividing the highway for vehiclestraveling in opposite directions, and provided further that the violation ofthis subsection shall be negligence per se. Violation of this subsection is aClass 2 misdemeanor.

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

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

(d)        It shall beunlawful to drive a motor vehicle over a fire hose or any other equipment thatis being used at a fire at any time, or to block a fire‑fightingapparatus or any other equipment from its source of supply regardless of itsdistance from the fire.

(e)        It shall beunlawful for the driver of a vehicle, other than one on official business, topark and leave standing such vehicle within 100 feet of law enforcement or firedepartment vehicles, public or private ambulances, or rescue squad emergencyvehicles which are engaged in the investigation of an accident or engaged inrendering assistance to victims of such accident.

(f)         When an authorizedemergency vehicle as described in subsection (a) of this section or any publicservice vehicle is parked or standing within 12 feet of a roadway and is givinga warning signal by appropriate light, the driver of every other approachingvehicle shall, as soon as it is safe and when not otherwise directed by anindividual lawfully directing traffic, do one of the following:

(1)        Move the vehicleinto a lane that is not the lane nearest the parked or standing authorizedemergency vehicle or public service vehicle and continue traveling in that laneuntil safely clear of the authorized emergency vehicle. This paragraph appliesonly if the roadway has at least two lanes for traffic proceeding in thedirection of the approaching vehicle and if the approaching vehicle may changelanes safely and without interfering with any vehicular traffic.

(2)        Slow the vehicle,maintaining a safe speed for traffic conditions, and operate the vehicle at areduced speed and be prepared to stop until completely past the authorizedemergency vehicle or public service vehicle. This paragraph applies only if theroadway has only one lane for traffic proceeding in the direction of theapproaching vehicle or if the approaching vehicle may not change lanes safelyand without interfering with any vehicular traffic.

For purposes of this section,"public service vehicle" means a vehicle that is being used to assistmotorists or law enforcement officers with wrecked or disabled vehicles, and isoperating an amber‑colored flashing light authorized by G.S. 20‑130.2.Violation of this subsection shall be negligence per se.

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

(h)        A person whoviolates this section and causes damage to property in the immediate area ofthe authorized emergency vehicle or public service vehicle in excess of fivehundred dollars ($500.00), or causes injury to a law enforcement officer, afirefighter, an emergency vehicle operator, an Incident Management AssistancePatrol member, a public service vehicle operator, or any other emergencyresponse person in the immediate area of the authorized emergency vehicle orpublic service vehicle is guilty of a Class 1 misdemeanor.

(i)         A person whoviolates this section and causes serious injury or death to a law enforcementofficer, a firefighter, an emergency vehicle operator, an Incident ManagementAssistance Patrol member, a public service vehicle operator, or any otheremergency response person in the immediate area of the authorized emergencyvehicle or public service vehicle is guilty of a Class I felony. The Divisionmay suspend, for up to six months, the drivers license of any person convictedunder this subsection. If the Division suspends a person's license under thissubsection, a judge may allow the licensee a limited driving privilege for aperiod not to exceed the period of suspension, provided the person's licensehas not also been revoked or suspended under any other provision of law. Thelimited driving privilege shall be issued in the same manner and under theterms and conditions prescribed in G.S. 20‑16.1(b). (1937, c. 407, s. 119; 1955,cc. 173, 744; 1971, c. 366, ss. 1, 2; 1985, c. 764, s. 31; 1985 (Reg. Sess.,1986), c. 852, s. 17; 1993, c. 539, s. 372; 1994, Ex. Sess., c. 24, s. 14(c);2001‑331, s. 1; 2005‑189, s. 1; 2006‑259, s. 9; 2007‑360,s. 1.)