[REACT-LIST] REACT Can Use Red Lights in North Carolina

Ron McCracken ron.mccr at hotmail.com
Tue Jan 6 08:07:52 EST 2015


Jay, you will have to monitor very carefully the use of red lights. The privilege can quickly come full circle to bite you. As Tom mentioned, it has posed problems for some Teams in the past. I would invite police to attend a Team meeting to detail just what they expect of your members. That should benefit everyone concerned. Best wishes.  

To: react-list at lists.reactintl.net; reactcommunications at yahoogroups.com; reactintl at yahoogroups.com; react4800 at yahoogroups.com
From: REACTcommunications at yahoogroups.com
Date: Mon, 5 Jan 2015 23:01:24 -0500
Subject: REACT Can Use Red Lights in North Carolina














 

 



  


    
      
      
      



Good News for REACT Members/Teams in North Carolina.


GENERAL ASSEMBLY OF NORTH CAROLINASESSION 2013SESSION LAW 2013-415HOUSE BILL 15*H15-v-6*
AN ACT TO (1) FACILITATE THE USE OF VEHICLES EXCLUSIVELY FOR LAW ENFORCEMENT, FIREFIGHTING, OR OTHER EMERGENCY RESPONSE PURPOSES BY THE DIVISION OF PARKS AND RECREATION OF THE DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES AND THE NORTH CAROLINA FOREST SERVICE OF THE DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES AND (2) DIRECT THE DEPARTMENT OF PUBLIC SAFETY TO STUDY METHODS OF ALLOWING PRISONERS TO CONTRIBUTE TO CLEANUP AND MITIGATION EFFORTS IN CONNECTION WITH STATES OF EMERGENCY DECLARED IN THIS STATE.
The General Assembly of North Carolina enacts:SECTION 1.(a) G.S. 20-125(b) reads as rewritten:
"(b) Every vehicle owned and or operated by a police department or by the Department of Public Safety including the State Highway Patrol or by the Wildlife Resources Commission or the Division of Marine Fisheries Fisheries, or by the Division of Parks and Recreation of the Department of Environment and Natural Resources, or by the North Carolina Forest Service of the Department of Agriculture and Consumer Services, and used exclusively for law enforcement enforcement, firefighting, or other emergency response purposes, or by the Division of Emergency Management, or by a fire department, either municipal or rural, or by a fire patrol, whether such fire department or patrol be a paid organization or a voluntary association, vehicles used by an organ procurement organization or agency for the recovery and transportation of human tissues and organs for transplantation, and every ambulance or emergency medical service emergency support vehicle used for answering emergency calls, shall be equipped with special lights, bells, sirens, horns or exhaust whistles of a type approved by the Commissioner of Motor Vehicles.The operators of all such vehicles so equipped are hereby authorized to use such equipment at all times while engaged in the performance of their duties and services, both within their respective corporate limits and beyond.In addition to the use of special equipment authorized and required by this subsection, the chief and assistant chiefs of any police department or of any fire department, whether the same be municipal or rural, paid or voluntary, county fire marshals, assistant fire marshals, transplant coordinators, and emergency management coordinators, are hereby authorized to use such special equipment on privately owned vehicles operated by them while actually engaged in the performance of their official or semiofficial duties or services either within or beyond their respective corporate limits.And vehicles driven by law enforcement officers of the North Carolina Division of Motor Vehicles shall be equipped with a bell, siren, or exhaust whistle of a type approved by the Commissioner, and all vehicles owned and operated by the State Bureau of Investigation for the use of its agents and officers in the performance of their official duties may be equipped with special lights, bells, sirens, horns or exhaust whistles of a type approved by the Commissioner of Motor Vehicles.Every vehicle used or operated for law enforcement purposes by the sheriff or any salaried deputy sheriff or salaried rural policeman of any county, whether owned by the county or not, may be, but is not required to be, equipped with special lights, bells, sirens, horns or exhaust whistles of a type approved by the Commissioner of Motor Vehicles. Such special equipment shall not be operated or activated by any person except by a law enforcement officer while actively engaged in performing law enforcement duties.Page 2 Session Law 2013-415 SL2013-415In addition to the use of special equipment authorized and required by this subsection, the chief and assistant chiefs of each emergency rescue squad which is recognized or sponsored by any municipality or civil preparedness agency, are hereby authorized to use such special equipment on privately owned vehicles operated by them while actually engaged in their official or semiofficial duties or services either within or beyond the corporate limits of the municipality which recognizes or sponsors such organization."
SECTION 1.(b) G.S. 20-130.1 reads as rewritten:"§ 20-130.1. Use of red or blue lights on vehicles prohibited; exceptions.
(a) It is unlawful for any person to install or activate or operate a red light in or on any vehicle in this State. As used in this subsection, unless the context requires otherwise, "red light" means an operable red light not sealed in the manufacturer's original package which: (i) is designed for use by an emergency vehicle or is similar in appearance to a red light designed for use by an emergency vehicle; and (ii) can be operated by use of the vehicle's battery, vehicle's electrical system, or a dry cell battery. As used in this subsection, the term "red light"shall also mean any forward facing red light installed on a vehicle after initial manufacture of the vehicle.
(b) The provisions of subsection (a) of this section do not apply to the following:
(1) A police car;vehicle.(2) A highway patrol car;vehicle.(3) A vehicle owned by the Wildlife Resources Commission and operated exclusively for law-enforcement purposes;law enforcement, firefighting, or other emergency response purposes.(4) An ambulance;ambulance.(5) A vehicle used by an organ procurement organization or agency for the recovery and transportation of blood, human tissues, or organs for transplantation;transplantation.(6) A fire-fighting vehicle;vehicle.(7) A school bus;bus.(8) A vehicle operated by any member of a municipal or rural fire department in the performance of his duties, regardless of whether members of that fire department are paid or voluntary;voluntary.(9) A vehicle of a voluntary lifesaving organization (including the private vehicles of the members of such an organization) that has been officially approved by the local police authorities and which is manned or operated by members of that organization while answering an official call;call.(10) A vehicle operated by medical doctors or anesthetists in emergencies;emergencies.(11) A motor vehicle used in law enforcement by the sheriff, or any salaried rural policeman in any county, regardless of whether or not the county owns the vehicle;vehicle.(11a) A vehicle operated by the State Fire Marshal or his representatives in the performance of their duties, whether or not the State owns the vehicle;vehicle.(12) A vehicle operated by any county fire marshal, assistant fire marshal, or emergency management coordinator in the performance of his duties, regardless of whether or not the county owns the vehicle;vehicle.(13) A light required by the Federal Highway Administration;Administration.(14) A vehicle operated by a transplant coordinator who is an employee of an organ procurement organization or agency when the transplant coordinator is responding to a call to recover or transport human tissues or organs for transplantation;transplantation.(15) A vehicle operated by an emergency medical service as an emergency support vehicle;vehicle.(16) A State emergency management vehicle; and vehicle.(17) An Incident Management Assistance Patrol vehicle operated by the Department of Transportation, when using rear-facing red lights while stopped for the purpose of providing assistance or incident management.(18) A vehicle operated by the Division of Marine Fisheries or the Division ofParks and Recreation of the Department of Environment and Natural SL2013-415 Session Law 2013-415 Page 3Resources that is used for law enforcement, firefighting, or other emergency response purpose.(19) A vehicle operated by the North Carolina Forest Service of the Department of Agriculture and Consumer Services that is used for law enforcement, firefighting, or other emergency response purpose.
(20) A vehicle operated by official member or team of REACT International, Inc.,that is used to provide additional manpower authorized by law enforcement, firefighting,or other emergency response entities.
 		 	   		  



    
     

    
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        Posted by: Jay WA4JAY REACT Unit-1 <react-unit-14 at hotmail.com>        
     
     

    
      
        
          
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