NC · jury_instructions
N.C.P.I.—Motor Vehicle 215.81
BRAKES-MOTORCYCLES.
The motor vehicle law provides that every [motorcycle]1 [motor-driven cycle]2 operated on a highway must have at least one brake, in
good working order, which may be operated by hand or foot, adequate to
control its movement and to stop it. (If there are two separate means of
applying the brakes and they are connected in any way, they must be
constructed so that the failure of any one part of the operating
mechanism shall not leave the [motorcycle] [motor-driven cycle] without
brakes.)3
(Where the operator puts at issue whether he knew or should
have known that the brakes were not in good working order,
or in other appropriate circumstances, the following should
also be given:)4
(However, the operator is not an insurer of the adequacy of the
brakes. The existence of a defect unknown to the operator, not
reasonably discoverable upon proper inspection and not resulting from the
failure of the operator to exercise reasonable care in use or maintenance
of the brakes, would not be a violation of this law and would not be
negligence. On the other hand, if the operator knew or in the exercise of
reasonable care should have known of the defect, or should have
corrected the defect, then operating the vehicle with such defective
brakes would be a violation of this law and is negligence within itself.)
History
N.C.P.I.—Motor Vehicle 215.81 (October 1988). N.C. Gen. Stat. § 20-124(a) and (d). Prepared by the North Carolina Conference of Superior Court Judges' Committee on Pattern Jury Instructions, assisted by the UNC School of Government; published by the School of Government.
Provenance
- Source
- sog.unc.edu
- Retrieved
- 2026-09-25
- Edition
- 2026-09-24
- Content hash
c807ed7e304bdac4d8365a5b8c0df6418d9a1025e359eae1636ad7b86cbe803b
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