GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2005
SESSION LAW 2005-248
SENATE BILL 832
AN ACT to allow wreckers to take disabled vehicles up to fifty miles for repair, parking, or storage.
The General Assembly of North Carolina enacts:
SECTION 1. G.S. 20-118 reads as rewritten:
"§ 20-118. Weight of vehicles and load.
(a) For the purposes of this section, the following definitions shall apply:
(1) Single-axle weight. - The gross weight transmitted by all wheels whose centers may be included between two parallel transverse vertical planes 40 inches apart, extending across the full width of the vehicle.
(2) Tandem-axle weight. - The gross weight transmitted to the road by two or more consecutive axles whose centers may be included between parallel vertical planes spaced more than 40 inches and not more than 96 inches apart, extending across the full width of the vehicle.
(3) Axle group. - Any two or more consecutive axles on a vehicle or combination of vehicles.
(4) Gross weight. - The weight of any single axle, tandem axle, or axle group of a vehicle or combination of vehicles plus the weight of any load thereon.
(5) Light-traffic roads. - Any highway on the State Highway System, excepting routes designated I, U.S. or N.C., posted by the Department of Transportation to limit the axle weight below the statutory limits.
(b) The following weight limitations shall apply to vehicles operating on the highways of the State:
(1) The single-axle weight of a vehicle or combination of vehicles shall not exceed 20,000 pounds.
(2) The tandem-axle weight of a vehicle or combination of vehicles shall not exceed 38,000 pounds.
(3) The gross weight imposed upon the highway by any axle group of a vehicle or combination of vehicles shall not exceed the maximum weight given for the respective distance between the first and last axle of the group of axles measured longitudinally to the nearest foot as set forth in the following table:
Distance Maximum Weight in Pounds for any Group of Two
Between or More Consecutive Axles
Axles* 2 Axles 3 Axles 4 Axles 5 Axles 6 Axles 7 Axles
4 38000
5 38000
6 38000
7 38000
8 or less 38000 38000
more than 8 38000 42000
9 39000 42500
10 40000 43500
11 44000
12 45000 50000
13 45500 50500
14 46500 51500
15 47000 52000
16 48000 52500 58000
17 48500 53500 58500
18 49500 54000 59000
19 50000 54500 60000
20 51000 55500 60500 66000
21 51500 56000 61000 66500
22 52500 56500 61500 67000
23 53000 57500 62500 68000
24 54000 58000 63000 68500 74000
25 54500 58500 63500 69000 74500
26 55500 59500 64000 69500 75000
27 56000 60000 65000 70000 75500
28 57000 60500 65500 71000 76500
29 57500 61500 66000 71500 77000
30 58500 62000 66500 72000 77500
31 59000 62500 67500 72500 78000
32 60000 63500 68000 73000 78500
33 64000 68500 74000 79000
34 64500 69000 74500 80000
35 65500 70000 75000
36 66000** 70500 75500
37 66500** 71000 76000
38 67500** 72000 77000
39 68000 72500 77500
40 68500 73000 78000
41 69500 73500 78500
42 70000 74000 79000
43 70500 75000 80000
44 71500 75500
45 72000 76000
46 72500 76500
47 73500 77500
48 74000 78000
49 74500 78500
50 75500 79000
51 76000 80000
52 76500
53 77500
54 78000
55 78500
56 79500
57 80000
* Distance in Feet Between the Extremes of any Group of Two or More Consecutive Axles.
** See exception in G.S. 20-118(c)(1).
(4) The Department of Transportation may establish light-traffic roads and further restrict the axle weight limit on such light-traffic roads lower than the statutory limits. The Department of Transportation shall have authority to designate any highway on the State Highway System, excluding routes designated by I, U.S. and N.C., as a light-traffic road when in the opinion of the Department of Transportation, such road is inadequate to carry and will be injuriously affected by vehicles using the said road carrying the maximum axle weight. All such roads so designated shall be conspicuously posted as light-traffic roads and the maximum axle weight authorized shall be displayed on proper signs erected thereon.
(c) Exceptions. - The following exceptions apply to G.S. 20-118(b) and 20-118(e).
…
(7) A wrecker may tow a
any disabled truck or other motor vehicle or combination of
vehicles in an emergency to a place for repairs, the nearest
feasible point for parking parking, or storage within 50 miles
from the point that the vehicle was disabled and may tow a truck, tractor, or
other replacement vehicle to the site of the disabled vehicle without being
in violation of G.S. 20-118 provided that the wrecker and towed vehicle or
combination of vehicles otherwise meet all requirements of this section.
…."
SECTION 2. G.S. 20-116(e) reads as rewritten:
"(e) Except as provided by
G.S. 20-115.1, no combination of vehicles coupled together shall consist
of more than two units and no such combination of vehicles shall exceed a total
length of 60 feet inclusive of front and rear bumpers, subject to the following
exceptions: Said length limitation shall not apply to vehicles operated in the
daytime when transporting poles, pipe, machinery or other objects of a
structural nature which cannot readily be dismembered, nor to such vehicles
transporting such objects operated at nighttime by a public utility when
required for emergency repair of public service facilities or properties, but
in respect to such night transportation every such vehicle and the load thereon
shall be equipped with a sufficient number of clearance lamps on both sides and
marker lamps upon the extreme ends of said projecting load to clearly mark the
dimensions of such load: Provided that vehicles designed and used exclusively
for the transportation of motor vehicles shall be permitted an overhang
tolerance front or rear not to exceed five feet. Provided, that wreckers in
an emergency may tow a truck, combination tractor and trailer trailer,
trailer, or any other disabled vehicle or combination of vehicles to a place
for to the nearest feasible point for repair and/or storage: repair,
parking, or storage within 50 miles of the point where the vehicle was disabled
and may tow a truck, tractor, or other replacement vehicle to the site of the
disabled vehicle. Provided, however, that a combination of a house trailer
used as a mobile home, together with its towing vehicle, shall not exceed a
total length of 55 feet exclusive of front and rear bumpers. Provided further,
that the said limitation that no combination of vehicles coupled together shall
consist of more than two units shall not apply to trailers not exceeding three
in number drawn by a motor vehicle used by municipalities for the removal of
domestic and commercial refuse and street rubbish, but such combination of
vehicles shall not exceed a total length of 50 feet inclusive of front and rear
bumpers. Provided further, that the said limitation that no combination of
vehicles coupled together shall consist of more than two units shall not apply
to a combination of vehicles coupled together by a saddle mount device used to
transport motor vehicles in a driveway service when no more than three saddle
mounts are used and provided further, that equipment used in said combination
is approved by the safety regulations of the Federal Highway Administration and
the safety rules of the Department of Crime Control and Public Safety."
SECTION 3. This act is effective when it becomes law.
In the General Assembly read three times and ratified this the 28th day of July, 2005.
s/ Marc Basnight
President Pro Tempore of the Senate
s/ Richard T. Morgan
Speaker Pro Tempore of the House of Representatives
s/ Michael F. Easley
Governor
Approved 7:31 p.m. this 4th day of August, 2005