GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2001
H	1
HOUSE BILL 340
     

 
Short Title:	AFVs - HOV Use/Prime Parking.	()	
Sponsors:	Representatives Tolson;  Alexander, Hackney, and Insko.	
Referred to:	Transportation, if favorable, Finance.	
March 1, 2001

A BILL TO BE ENTITLED
AN ACT TO PROVIDE THAT ALTERNATIVE FUELED VEHICLES MAY USE HIGH OCCUPANCY VEHICLE LANES AND MAY USE PARKING SPACES DESIGNATED FOR ALTERNATIVE FUELED VEHICLES.

The General Assembly of North Carolina enacts:
SECTION 1.  G.S. 20‑146.2(a) reads as rewritten:
"(a) The Department of Transportation may designate one or more travel lanes as high occupancy vehicle (HOV) lanes on streets and highways on the State Highway System and cities may designate one or more travel lanes as high occupancy vehicle (HOV) lanes on streets on the Municipal Street System. HOV lanes shall be reserved for vehicles with a specified number of passengers and alternative fueled vehicles as determined by the Department of Transportation or the city having jurisdiction over the street or highway. When HOV lanes have been designated, and have been appropriately marked with signs or other markers, they shall be reserved for privately or publicly operated buses, automobiles or other vehicles containing the specified number of persons and alternative fueled vehicles."
SECTION 2.  Chapter 20 of the General Statutes is amended by adding a new section to read:
"§ 20-37.6B. Parking privileges for alternative fueled vehicles.
(a) Any alternative fueled vehicle that displays a distinguishing license plate may be parked in spaces designated for alternative fueled vehicles. Designation of parking spaces for alternative fueled vehicles on streets and public vehicular areas shall comply with G.S. 136-30. A sign designating a parking space for alternative fueled vehicles shall state the maximum penalty for parking in the space in violation of the law.
(b) It shall be unlawful to park or leave standing any vehicle in a space designated with a sign pursuant to subsection (a) of this section for alternative fueled vehicles when the vehicle does not display the distinguishing license plate as provided in G.S. 20-79.4(b)(1a).
(c) A violation of G.S. 20-37.6B(b) is an infraction which carries a penalty of at least one hundred dollars ($100.00) but not more than two hundred fifty dollars ($250.00) and whenever evidence shall be presented in any court of the fact that any automobile, truck, or other vehicle was found to be parked in a properly designated handicapped parking space in violation of the provisions of this section, it shall be prima facie evidence in any court in the State of North Carolina that the vehicle was parked and left in the space by the person, firm, or corporation in whose name the vehicle is registered and licensed according to the records of the Division. No evidence tendered or presented under this authorization shall be admissible or competent in any respect in any court or tribunal except in cases concerned solely with a violation of this section.
(d) A law-enforcement officer, including a company police officer commissioned by the Attorney General under Chapter 74E, may cause a vehicle parked in violation of this section to be towed. The officer is a legal possessor as provided in G.S. 20-161(d)(2). The officer shall not be held to answer in any civil or criminal action to any owner, lienholder or other person legally entitled to the possession of any motor vehicle removed from a space pursuant to this section, except where the motor vehicle is willfully, maliciously, or negligently damaged in the removal from the space to a place of storage.
(e) Notwithstanding any other provision of the General Statutes, the provisions of this section relative to handicapped parking shall be enforced by State, county, city, and other municipal authorities in their respective jurisdictions whether on public or private property in the same manner as is used to enforce other parking laws and ordinances by said agencies."
SECTION 3.  G.S. 20‑79.4(b) reads as rewritten:
"(b)	Types. – The Division shall issue the following types of special registration plates:
…
(1a)	Alternative Fueled Vehicles.—Issuable to the registered owner of an alternative fueled vehicle. The plate shall bear the words "Alternative Fueled Vehicle."
SECTION 4.  G.S. 20‑79.7(a) reads as rewritten:
"(a)	Fees. – Upon request, the Division shall provide and issue free of charge one registration plate to a recipient of the Congressional Medal of Honor, a 100% disabled veteran, and an ex‑prisoner of war. All other special registration plates, including additional Congressional Medal of Honor, 100% Disabled Veteran, and Ex‑Prisoner of War plates, are subject to the regular motor vehicle registration fee in G.S. 20‑87 or G.S. 20‑88 plus an additional fee in the following amount:
Special Plate	Additional Fee Amount
Historical Attraction	$30.00
State Attraction	$30.00
Collegiate Insignia	$25.00
Goodness Grows	$25.00
Kids First	$25.00
Olympic Games	$25.00
Special Olympics	$25.00
University Health Systems of Eastern Carolina	$25.00
Animal Lovers	$20.00
Ducks Unlimited	$20.00
Litter Prevention	$20.00
March of Dimes	$20.00
Omega Psi Phi Fraternity	$20.00
Scenic Rivers	$20.00
School Technology	$20.00
Soil and Water Conservation	$20.00
Support Public Schools	$20.00
Wildlife Resources	$20.00
Personalized	$20.00
Active Member of the National Guard	None
100% Disabled Veteran	None
Ex‑Prisoner of War	None
Legion of Valor	None
Purple Heart Recipient	None
Silver Star Recipient	None
Alternative Fueled Vehicles	        None
All Other Special Plates	$10.00."
SECTION 5.  This act becomes effective October 1, 2001.