N.C.P.I.—Motor Vehicle 203.65B

NOTE WELL: Use this instruction only in conjunction

with claims for relief arising under this statute based

on acts that occurred on or after December 1, 2010.

For claims for relief arising before December 1, 2010,

use N.C.P.I. 203.65.

The motor vehicle law provides that no person shall park or leave

standing1 any vehicle, whether attended or unattended, upon the paved

or main-traveled portion of any [highway] [highway bridge] where the

posted speed limit is greater than 45 miles per hour.

A violation of this law is negligence within itself.

NOTE WELL: Where there is evidence that the vehicle

was disabled to such an extent that stopping could not

be avoided, the following should be given.

(However, the law further provides that if the vehicle was disabled

to such an extent that it was impossible to avoid stopping and

temporarily leaving the vehicle upon such portion of the [highway]

[highway bridge], then it would not violate this law and would not be

negligence. The burden of proof is on the operator of the parked or

standing vehicle to prove, by the greater weight of the evidence, that the

vehicle was disabled leaving the vehicle upon such portion of the

[highway] [highway bridge]. “Impossible” does not mean physical,

absolute impossibility, but rather that the parking or stopping upon such

portion of the [highway] [highway bridge] was not reasonably avoidable

under the circumstances.2)