N.C.P.I.—Motor Vehicle 202.10

With respect to the [plaintiff's] [defendant's] (state number)

contention, the motor vehicle law provides that: it is unlawful to operate

a motor vehicle [on a highway]1 [in a public vehicular area]2 at a speed

greater than is reasonable and prudent under the conditions then

existing.

A violation of this safety statute is negligence in and of itself.

In determining whether the vehicle was being operated at a speed

greater than was reasonable and prudent, you should consider all of the

evidence about the physical features at the scene, the hour of day or

night, the weather conditions, the extent of other traffic, the width and

nature of the roadway and any other circumstances shown to exist.

Considering all such circumstances, a rate of speed may be

unreasonable and imprudent even though it is within the posted

maximum speed limit at that time and at the scene.

1. N.C. Gen. Stat. § 20-4.01(13) defines a “highway” as the “entire width between

property or right-of-way lines of every way or place of whatever nature, when any part

thereof is open to the use of the public as a matter of right for the purposes of vehicular

traffic.” The term “highway” is synonymous with “street.”

2. N.C. Gen. Stat. § 20-4.01(32). A “public vehicular area” includes:

Any area within the State of North Carolina that meets one or more of the following

requirements:

a. The area is used by the public for vehicular traffic at any time, including by way of

illustration and not limitation any drive, driveway, road, roadway, street, alley, or parking

lot upon the grounds and premises of any of the following: