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NC · jury_instructions

N.C.P.I.—Motor Vehicle 221.30

CONTROLLED-ACCESS HIGHWAY-STOPPING ON RIGHT-OF-WAY.

activein force · 1989-04-01 – presentas-observed

The motor vehicle law provides that it is unlawful for the operator

of a vehicle to [stop] [park] [leave standing] his vehicle, whether

attended or unattended, on any part or portion of the right-of-way of any

controlled-access highway.1

A violation of this law is negligence within itself.

(Do not use any part of the remainder of this instruction

unless the evidence justifies.)

(However, by way of exception, the motor vehicle law permits the

operator to [stop] [park] [leave standing] his vehicle

[in the case of any emergency]

[when the operator is directed to do so by a peace officer]

[when the vehicle is at a designated parking area].

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

[stopped] [parked] [left standing] to prove, by the greater weight of the

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

of these exceptions].2

History

N.C.P.I.—Motor Vehicle 221.30 (April 1989). N.C. Gen. Stat. § 20-140.3(5). 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
91aac0e871785b234dfafb312b43e8fcf1f7e86c7c1c1b6f4a147f321c701eb5
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