NC · jury_instructions

N.C.P.I.—Motor Vehicle 215.82

BRAKES-TRUCKS AND TRACTOR-TRUCKS.

activein force · 1988-10-01 – presentas-observed

The motor vehicle law provides that every [truck] [tractor-truck with

semitrailer attached] operated on a highway must have brakes in good

working order, including two separate means of applying the brakes; that

the brakes must be adequate to control the movement of the vehicle and

to stop and hold the vehicle. (If the two separate means of applying the

brakes 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

vehicle without brakes.) Use the following paragraphs only if the

evidence so warrants:

[The motor vehicle law further provides that at a speed of 20 miles

per hour, on a dry, hard, approximately level highway free from loose

material, the vehicle must be capable of stopping within 30 feet when

hand and service brakes are applied simultaneously and within 50 feet

when either is applied separately.]

[The motor vehicle law further provides that such a vehicle [must

have brakes acting on all wheels] [having three or more axles, must have

brakes acting on all wheels except the front wheels] [having at least two

steerable axles, must have brakes acting on all wheels except those on

one steerable axle].]

(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:)1

(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 215.82 (October 1988). N.C. Gen. Stat. § 20-124(a), (c), (e), and (e1). 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: c1ebec9406b136f9a2074c9de36f3b1d31a454ae879b17d10f239f73d979d815

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