§ 20-188. Duties of Highway Patrol. - North Carolina Statutes

§ 20‑188.  Duties ofHighway Patrol.

The State Highway Patrol shallbe subject to such orders, rules and regulations as may be adopted by theSecretary of Crime Control and Public Safety, with the approval of theGovernor, and shall regularly patrol the highways of the State and enforce alllaws and regulations respecting travel and the use of vehicles upon thehighways of the State and all laws for the protection of the highways of theState. To this end, the members of the Patrol are given the power and authorityof peace officers for the service of any warrant or other process issuing fromany of the courts of the State having criminal jurisdiction, and are likewiseauthorized to arrest without warrant any person who, in the presence of saidofficers, is engaged in the violation of any of the laws of the Stateregulating travel and the use of vehicles upon the highways, or of laws withrespect to the protection of the highways, and they shall have jurisdictionanywhere within the State, irrespective of county lines. The State HighwayPatrol shall enforce the provisions of G.S. 14‑399.

The State Highway Patrol shallhave full power and authority to perform such additional duties as peaceofficers as may from time to time be directed by the Governor, and suchofficers may at any time and without special authority, either upon their ownmotion or at the request of any sheriff or local police authority, arrestpersons accused of highway robbery, bank robbery, murder, or other crimes ofviolence.

The Secretary of Crime Controland Public Safety shall direct the officers and members of the State HighwayPatrol in the performance of such other duties as may be required for theenforcement of the motor vehicle laws of the State.

Members of the State HighwayPatrol, in addition to the duties, power and authority hereinbefore given,shall have the authority throughout the State of North Carolina of any policeofficer in respect to making arrests for any crimes committed in their presenceand shall have authority to make arrests for any crime committed on anyhighway.

Regardless of territorialjurisdiction, any member of the State Highway Patrol who initiates aninvestigation of an accident or collision may not relinquish responsibility forcompleting the investigation, or for filing criminal charges as appropriate,without clear assurance that another law‑enforcement officer or agencyhas fully undertaken responsibility, and in such cases he shall renderreasonable assistance to the succeeding officer or agency if requested.

The State Highway Patrolrecognizes the need to utilize private wrecker services to remove vehicles frompublic roadways as part of its public safety responsibility. In order to assurethat this public safety responsibility is accomplished, the Troop Commandershall include on the Highway Patrol's rotation wrecker list only those wreckerservices which agree in writing to impose reasonable charges for work performedand present one bill to the owner or operator of any towed vehicle. Towing,storage, and related fees charged may not be greater than fees charged for thesame service for nonrotation calls that provide the same service, labor, andconditions.  (1929,c. 218, s. 4; 1933, c. 214, ss. 1, 2; 1935, c. 324, s. 3; 1939, c. 387, s. 2;1941, c. 36; 1945, c. 1048; 1947, c. 1067, s. 20; 1973, c. 689; 1975, c. 716,s. 5; 1977, c. 70, ss. 10, 13; c. 887, s. 3; 2009‑461, s. 3.)