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  • Summary date: Apr 19 2023 - View Summary

    Amends GS 20-146 (pertaining to driving on the right side of the highway, and exceptions), to provide that when the Department of Transportation (DOT) posts appropriate signs directing slower traffic to keep right along a controlled access highway at intervals of no more than 35 miles, that a vehicle may not be driven in the furthest left-hand lane of a controlled access highway, except when overtaking and passing another vehicle or in any of eight specified circumstances, including when traffic conditions make it impossible to drive in the right lane, inclement weather makes it safer to drive in the left land, or the vehicle is a certain commercial vehicle unable to move into the right lane safely. Provides for a fine of not more than $100, which cannot be suspended. Prevents custodial arrest or assessment of costs for violation of the act.  Specifies that a violation of the act is not: (1) a criminal offense and not to be reported to the DMV, a person’s criminal records, or reported to insurance; (2) to be considered negligence per se or contributory negligence and is inadmissible as evidence in a civil action. Prohibits law enforcement officers from searching or requesting consent to search vehicles, or any occupants thereof, solely because of a violation of the act. Specifies requirements for pleading, and permits an appeal. Clarifies that the act does not limit DOT’s ability to establish and delineate lane restrictions for certain types of vehicles.

    Requires the Department of Public Safety (DPS) to develop procedures and adopt rules for the collection and submission of information with regard to any motor vehicle stopped by a State or local law enforcement officer for violation of the act, without a citation being issued or an arrest being made. Requires the officer who initiated the stop to complete a data collection form designed by DPS that must include information regarding the age, gender, and race or ethnicity of the driver of the vehicle. Allows for electronic submission and requires DPS to maintain a database of the information collected along with a report to be posted on DPS’s website regarding motor vehicle stops using the collected information.

    Applies to offenses committed on or after December 1, 2023.