UNC
SCHOOL OF GOVERNMENT
[The Daily Bulletin: 2016-05-25
PUBLIC/HOUSE BILLS
H 959 (2015-2016) DOT PROPOSED LEGISLATIVE CHANGES. Filed Apr 25 2016, AN ACT TO MAKE VARIOUS
CHANGES TO THE TRANSPORTATION LAWS OF THE STATE, AS RECOMMENDED BY THE JOINT LEGISLATIVE
TRANSPORTATION OVERSIGHT COMMITTEE.
House committee substitute makes the following changes to the 1st edition.
Further amends GS 1 36- 1 8(2)c to allow the Department of Transportation (DOT) to also use exiting rights-of-way, in
addition to acquiring additional rights-of-way, for specified utilities, including broadband. Also deletes the proposed
language that would have allowed DOT to charge a one-time fee to defray administrative costs of reviewing
encroachment submittals. Adds the requirement that DOT study the issue of administrative fees for encroachments under
GS 1 36- 1 8(2)c. Requires a report to the J oint Legislative Transportation Oversight Committee by December 1 , 20 1 6.
Effective J uly 1,2016.
Adds a new section which does the following. Amends GS 20-1 18(c) to create an exception to the weight limitations
that apply to vehicles operating on the highways of the State for a vehicle that: ( 1 ) is transporting metal commodities; (2)
docs not operate on an interstate highway, a posted light traffic road, or exceed any posted bridge weight limit; and (3)
does not exceed a single-axle weight of 22,000 pounds, a tandem-axle weight of 42,000 pounds, or a gross weight of
90,000 pounds. Specifies that any additional weight allowance authorized by 23 USC 127, and applicable to all interstate
highways, also applies to all State roads, unless the road is a posted road or posted bridge, or unless specifically
prohibited by State law or a Department ordinance applicable to a specific road. Amends GS 20- 1 1 9 to add that one,
two, or three steel coils, transported on the same vehicle, are to be considered a non-divisiblc load for the purposes of
issuing a special permit that allows the applicant to operate or move a vehicle, on a highway, of a size or weight
exceeding the allowed maximum. Effective October 1, 2016.
Adds a new section amending GS 20- 129(e) to require that every bicycle be equipped with the specified front and rear
lights when the bicycle is being operated at night on any public street, public vehicular area, or public greenway.
Removes the requirement that the bicycle have a reflex mirror. Amends the requirements for the rear light to now require
that it be visible from 300 (was, 200) feet; in lieu of the rear light, allows the operator to wear clothing or a vest that is
bright and visible from at least 300 feet to the rear of the bicycle. Applies to offenses committed on or after December 1,
2016.
Adds a section amending GS 20-1 50(e) to add that the prohibition on a driver overtaking and passing another vehicle on
a portion of the highway marked as no passing does not apply when: (1 ) the slower moving vehicle is a bicycle or
moped; (2) the slower moving vehicle is moving in the same direction as the faster moving vehicle; (3) the driver of the
faster moving vehicle either provides a minimum of four feet between the faster moving vehicle and the slower one, or
completely enters the left lane; (4) the operator of the slower moving vehicle is not making a left turn or signaling that he
or she intends to make a left turn; and (5) the driver of the faster moving vehicle complies with all other applicable
requirements of this statute. Makes conforming changes to GS 20-149, concerning overtaking a vehicle. Amends GS
20-154 to make a violation that causes a bicycle operator to change travel lanes or leave the travel lane punishable by a
fine of no less than S200; when the result is a crash causing property damage or personal injury to the bicycle operator
or passenger, the person is responsible for an infraction and will be assessed a fine of no less than $500. Also makes
clarifying changes to how a driver is to make hand signals for right turns and stop. When the unsafe movement results in
a crash causing property damage in excess of $5,000 or a serious bodily injury to a bicycle operator or passenger, the
violation is an infraction with a fine of no less than $750 and the violation is to be treated as a failure to yield right-of-
