14B NCAC 07A .0104       VEHICLE REMOVAL PROCEDURES

(a)  Vehicles on the paved or main-traveled portion of the highway:

(1)           A member who encounters a vehicle parked, disabled from a collision or otherwise left standing on the paved or main-traveled portion of the highway shall:

(A)          remove the vehicle to a position off the roadway; or

(B)          with consent from the owner, operator, or legal possessor, transport and store the vehicle.

(C)          without consent from the owner, operator, or legal possessor, transport and store the vehicle if the vehicle presents a hazard, a potential hazard or otherwise as authorized by state law.

(2)           A member shall permit an objecting owner, operator, or legal possessor to remove a vehicle to a safe position off the roadway, if the driver is competent and licensed to drive the vehicle.  A member may transport and store a vehicle which cannot be safely parked off the roadway as authorized in this Directive.

(b)  Vehicles off the paved or main-traveled portion of the highway:

(1)           A member investigating an accident or collision in which a disabled vehicle is located off the paved or main-traveled portion of the highway may transport and store the vehicle.  If the owner, operator, or legal possessor objects, a member shall not transport and store a vehicle unless, as standing, the vehicle creates a hazard.

(2)           A member who observes a vehicle unlawfully parked or disabled on the right-of-way, but not on the main-traveled portion of the highway may remove and store the vehicle only if the vehicle interferes with the regular flow of traffic or otherwise constitutes a hazard.

(3)           A member shall not transport and store a vehicle unlawfully parked on the highway right-of-way which does not interfere with the regular flow of traffic or otherwise constitutes a hazard until the vehicle remains on the highway right-of-way for a period of 48 hours or more, has been vandalized, or is otherwise abandoned.

(c)  Vehicles subject to seizure - Vehicles which are authorized by law to be seized or which may be evidence in a criminal proceeding may be towed and stored.

 

History Note:        Authority G.S. 20-184; 20-185; 20-187; 20-188;

Temporary Adoption Eff. June 9, 2000;

Eff. April 1, 2001;

Transferred from 14A NCAC 09H .0309 Eff. June 1, 2013.