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NC · jury_instructions

N.C.P.I.—Motor Vehicle 225.13

COMMERCIAL MOTOR VEHICLE-DRIVING WHILE USING A MOBILE TELEPHONE OR OTHER ELECTRONIC DEVICE.

activein force · 2013-06-01 – presentas-observed

The motor vehicle law1 provides that it is unlawful for any person to

operate a commercial motor vehicle on a [public street] [highway] [public

vehicular area] while using a mobile telephone or other electronic device.

Use of hands-free technology by the driver of a commercial motor vehicle

is not prohibited.2

[In addition, this law does not apply to

[the operator of a vehicle that is lawfully parked or stopped.3]

[[a law enforcement officer] [a member of a fire department] [the

operator of a public or private ambulance] while in the performance of his

official duties.4]

[the use of factory-installed or aftermarket global positioning

systems (GPS) or wireless communications devices used to transmit or

receive data as part of a digital dispatch system.5]

[the use of voice operated technology.6]]

Operation of a commercial motor vehicle in violation of this law is not

negligence in and of itself. However, the evidence with regard to it is to

be considered with all the other facts in evidence in determining whether

the operator was negligent.

History

N.C.P.I.—Motor Vehicle 225.13 (June 2013). N.C. Gen. Stat. § 20-137.4A(a1). 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
7944a992dea7f3168afb9d57309388eb0c9cd8a1706bf5fc401353283eb0fd9b
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