N.C.P.I.—Motor Vehicle 204.15

The motor vehicle law provides that motorists shall drive on the

right half of the highway.1

A violation of this law is negligence within itself.2

(Use any part of the remainder of this instruction only when

it is justified by the evidence.)

(However, by way of exception, the motor vehicle law also provides

that:

[if the rules governing passing are observed, the operator of a

vehicle may use the left half of the highway in overtaking and passing

another vehicle traveling in the same direction, and such operation would

not violate the law and would not be negligence]

[if there is such an obstruction on the right half of the highway

which makes it necessary to drive to the left of the center of the

highway, the operator of a vehicle may drive to the left of the center,

provided that in so doing the operator yields the right-of-way to all

vehicles traveling in the proper direction on the unobstructed portion of

the highway, which are within such distance as to constitute an

immediate hazard, and such operation would not violate the law and

would not be negligence]3

[if a highway is divided into three marked lanes for traffic, the

operator of a vehicle may use any lane of such highway which is

permitted to be used by the rules applicable thereon, and such operation

would not violate the law and would not be negligence]

[if a highway is designed and signposted for one-way traffic, the

operator of a vehicle is permitted to drive on the left half of such

highway, and such operation would not violate the law and would not be

negligence]

The burden of proof is on the operator of the vehicle driving on the

left half of the highway to prove, by the greater weight of the evidence,

that the operation of the vehicle is within [this exception] [one of these

exceptions].)