GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2001
S	2
SENATE BILL 438
Judiciary I Committee Substitute Adopted 6/13/01 

Short Title:	Clarify Public Vehicular Area.	()	
Sponsors:	     	
Referred to:	     	
March 13, 2001

A BILL TO BE ENTITLED
AN ACT to allow private property to be designated as a public vehicular area by the private property owner.

The General Assembly of North Carolina enacts:
SECTION 1. G.S. 20‑4.01(32) reads as rewritten:
"(32)	Public Vehicular Area. – Any area within the State of North Carolina that is generally open to and used by the public for vehicular traffic, including by way of illustration and not limitation any drive, driveway, road, roadway, street, alley, or parking lot upon the grounds and premises of:
a.	Any public or private hospital, college, university, school, orphanage, church, or any of the institutions, parks or other facilities maintained and supported by the State of North Carolina or any of its subdivisions; or
b.	Any service station, drive‑in theater, supermarket, store, restaurant, or office building, or any other business, residential, or municipal establishment providing parking space for customers, patrons, or the public; or
c.	Any property owned by the United States and subject to the jurisdiction of the State of North Carolina. (The inclusion of property owned by the United States in this definition shall not limit assimilation of North Carolina law when applicable under the provisions of Title 18, United States Code, section 13).
The term "public vehicular area" shall also include any beach area used by the public for vehicular traffic as well as any road opened to vehicular traffic within or leading to a subdivision for use by subdivision residents, their guests, and members of the public, whether or not the subdivision roads have been offered for dedication to the public. The term "public vehicular area" shall not be construed to mean any private property not generally open to and used by the public.
Notwithstanding any other provision of this Article, the term "public vehicular area" shall also include any portion of private property used for vehicular traffic and designated by the private property owner as a public vehicular area. A private property owner may designate any area as a public vehicular area by registering the area with the Department of Transportation and by erecting a sign, provided by the Department, identifying the area as a public vehicular area. Any signs erected pursuant to this provision shall be placed so as to provide reasonable notice to motorists.
The Department of Transportation shall produce signs stating that an area is a public vehicular area subject to State motor vehicle laws. A private property owner may request signs by completing any form required by the Department. The Secretary may charge fees, payable upon the filing of a request, to a private property owner who requests  signs and registration of a designated area as a public vehicular area under this section.  Fees charged under this section may not exceed five hundred dollars ($500.00) per sign and twenty-five dollars ($25.00) per registration request. Fees collected under this section shall be applied to the cost of producing the signs and the cost of maintaining the registry."
SECTION 2. G.S. 136‑91(b) reads as rewritten:
"(b)	As used in this section:
(1)	"Highway" shall be defined as it is in G.S. 20-4.01; and
(2)	"Public vehicular area" shall be defined as  it is in G.S. 20-4.01."
SECTION 3.  This act becomes effective December 1, 2001, and applies to offenses committed on or after that date.