§ 20-158. Vehicle control signs and signals. - North Carolina Statutes

§ 20‑158.  Vehiclecontrol signs and signals.

(a)        The Department ofTransportation, with reference to State highways, and local authorities, withreference to highways under their jurisdiction, are hereby authorized tocontrol vehicles:

(1)        At intersections, byerecting or installing stop signs requiring vehicles to come to a complete stopat the entrance to that portion of the intersection designated as the maintraveled or through highway. Stop signs may also be erected at three or moreentrances to an intersection.

(2)        At appropriateplaces other than intersections, by erecting or installing stop signs requiringvehicles to come to a complete stop.

(3)        At intersections andother appropriate places, by erecting or installing steady‑beam trafficsignals and other traffic control devices, signs, or signals. All steady‑beamtraffic signals emitting alternate red and green lights shall be arranged sothat the red light in vertical‑arranged signal faces shall appear above,and in horizontal‑arranged signal faces shall appear to the left of allyellow and green lights.

(4)        At intersections andother appropriate places, by erecting or installing flashing red or yellowlights.

(b)        Control of Vehiclesat Intersections. –

(1)        When a stop sign hasbeen erected or installed at an intersection, it shall be unlawful for thedriver of any vehicle to fail to stop in obedience thereto and yield the right‑of‑wayto vehicles operating on the designated main‑traveled or through highway.When stop signs have been erected at three or more entrances to anintersection, the driver, after stopping in obedience thereto, may proceed withcaution.

(2)       a.         Whena traffic signal is emitting a steady red circular light controlling trafficapproaching an intersection, an approaching vehicle facing the red light shallcome to a stop and shall not enter the intersection. After coming to a completestop and unless prohibited by an appropriate sign, that approaching vehicle maymake a right turn.

b.         Any vehicle thatturns right under this subdivision shall yield the right‑of‑way to:

1.         Other traffic andpedestrians using the intersection; and

2.         Pedestrians who aremoving towards the intersection, who are in reasonably close proximity to theintersection, and who are preparing to cross in front of the traffic that isrequired to stop at the red light.

c.         Failure to yield toa pedestrian under this subdivision shall be an infraction, and the court mayassess a penalty of not more than five hundred dollars ($500.00) and not lessthan one hundred dollars ($100.00).

d.         The Department ofTransportation shall collect data regarding the number of individuals who arefound responsible for violations of sub‑subdivision b. of thissubdivision and the number of pedestrians who are involved in accidents atintersections because of a driver's failure to yield the right‑of‑waywhile turning right at a red light. The data shall include informationregarding the number of disabled pedestrians, including individuals with visualor mobility‑related disabilities, who are involved in right turn on redaccidents. The Department shall report the data annually to the JointLegislative Transportation Oversight Committee beginning January 1, 2006.

(2a)      When a traffic signalis emitting a steady yellow circular light on a traffic signal controllingtraffic approaching an intersection or a steady yellow arrow light on a trafficsignal controlling traffic turning at an intersection, vehicles facing theyellow light are warned that the related green light is being terminated or a redlight will be immediately forthcoming. When the traffic signal is emitting asteady green light, vehicles may proceed with due care through the intersectionsubject to the rights of pedestrians and other vehicles as may otherwise beprovided by law.

(3)        When a flashing redlight has been erected or installed at an intersection, approaching vehiclesfacing the red light shall stop and yield the right‑of‑way tovehicles in or approaching the intersection. The right to proceed shall besubject to the rules applicable to making a stop at a stop sign.

(4)        When a flashingyellow light has been erected or installed at an intersection, approachingvehicles facing the yellow flashing light may proceed through the intersectionwith caution, yielding the right‑of‑way to vehicles in orapproaching the intersection.

(5)        When a stop sign,traffic signal, flashing light, or other traffic‑control deviceauthorized by subsection (a) of this section requires a vehicle to stop at anintersection, the driver shall stop (i) at an appropriately marked stop line,or if none, (ii) before entering a marked crosswalk, or if none, (iii) beforeentering the intersection at the point nearest the intersecting street wherethe driver has a view of approaching traffic on the intersecting street.

(6)        When a trafficsignal is not illuminated due to a power outage or other malfunction, vehiclesshall approach the intersection and proceed through the intersection as thoughsuch intersection is controlled by a stop sign on all approaches to theintersection. This subdivision shall not apply if the movement of traffic atthe intersection is being directed by a law enforcement officer, anotherauthorized person, or another type of traffic control device.

(c)        Control of Vehiclesat Places other than Intersections. –

(1)        When a stop sign hasbeen erected or installed at a place other than an intersection, it shall beunlawful for the driver of any vehicle to fail to stop in obedience thereto andyield the right‑of‑way to pedestrians and other vehicles.

(2)        When a trafficsignal has been erected or installed at a place other than an intersection, andis emitting a steady red light, vehicles facing the red light shall come to acomplete stop. When the traffic signal is emitting a steady yellow light, vehiclesfacing the light shall be warned that a red light will be immediatelyforthcoming and that vehicles may not proceed through such a red light. Whenthe traffic signal is emitting a steady green light, vehicles may proceedsubject to the rights of pedestrians and other vehicles as may otherwise beprovided by law.

(3)        When a flashing redlight has been erected or installed at a place other than an intersection,approaching vehicles facing the light shall stop and yield the right‑of‑wayto pedestrians or other vehicles.

(4)        When a flashingyellow light has been erected or installed at a place other than anintersection, approaching vehicles facing the light may proceed with caution,yielding the right‑of‑way to pedestrians and other vehicles.

(5)        When a trafficsignal, stop sign, or other traffic control device authorized by subsection (a)requires a vehicle to stop at a place other than an intersection, the drivershall stop at an appropriately marked stop line, or if none, before entering amarked crosswalk, or if none, before proceeding past the traffic controldevice.

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

(e)        Defense. – It shallbe a defense to a violation of sub‑subdivision (b)(2)a. of this sectionif the operator of a motorcycle, as defined in G.S. 20‑4.01(27)d., showsall of the following:

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

(2)        The intersection iscontrolled by a vehicle actuated traffic signal using an inductive loop toactivate the traffic signal.

(3)        No other vehiclethat was entitled to have the right‑of‑way under applicable law wassitting at, traveling through, or approaching the intersection.

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

(5)        The motorcycleoperator who received the citation waited a minimum of three minutes at theintersection or stop bar where the steady red light was being emitted in thedirection of the operator before entering the intersection. (1937, c. 407, s. 120; 1941,c. 83; 1949, c. 583, s. 2; 1955, c. 384, s. 1; c. 913, s. 7; 1957, c. 65, s.11; 1973, c. 507, s. 5; c. 1191; c. 1330, s. 22; 1975, c. 1; 1977, c. 464, s.34; 1979, c. 298, s. 1; 1989, c. 285; 2004‑141, ss. 1, 2; 2004‑172,s. 2; 2006‑264, s. 6; 2007‑260, s. 1; 2007‑360, ss. 2, 3.)