N.C.P.I.—Motor Vehicle 210.15

NOTE WELL: Two versions of N.C. Gen. Stat. § 20-

157(a) appear in the General Statutes. Alternative One

of this instruction is based upon the version which is

designated "Effective before July 1, 2006," and should

be used accordingly. Alternative Two is based upon the

second version which is designated "Effective July 1,

2006," and likewise should be used accordingly.

ALTERNATIVE ONE

The motor vehicle law provides that upon the approach of any

emergency service vehicle such as a [police vehicle] [fire department

vehicle] [public or private ambulance] [rescue squad emergency service

vehicle] which is giving warning signal by appropriate light and by [siren]

[bell] [exhaust whistle] which can be heard under normal conditions from

a distance of not less than 1,000 feet, the driver of every other vehicle

shall immediately drive to a position as near as possible and parallel to

the right-hand edge or curb, clear of any intersection of streets or

highways, and shall stop and remain stopped until the emergency vehicle

has passed, unless otherwise directed by a police or traffic officer.3

A violation of this law is not negligence within itself. However, the

evidence with regard to it is to be considered with all the other facts in

evidence in determining whether the [plaintiff] [defendant] was

negligent.

ALTERNATIVE TWO

The motor vehicle law provides that upon the approach of any

emergency service vehicle such as a [law enforcement vehicle] [fire

department vehicle] [public or private ambulance] [rescue squad

emergency service vehicle] which is giving warning signal by appropriate

light and by [siren] [bell] [exhaust whistle] which can be heard under

normal conditions from a distance of not less than 1,000 feet, the driver

of every other vehicle shall immediately drive to a position as near as

possible and parallel to the right-hand edge or curb, clear of any

intersection of streets or highways, and shall stop and remain stopped

until the emergency vehicle has passed, unless otherwise directed by a

law enforcement or traffic officer.

A violation of this law is negligence within itself.