Our family gathers at the coast for Labor Day weekend. You’d be amazed how many motor vehicle law questions my relatives can generate over the course of a few hours on the road and a few days in the sand and surf. What follows is a sampling of this weekend’s questions and my answers. 1. “A horse and buggy would be better in this traffic than a car. We’d get there just as fast and we’d save on gas. Maybe we should look into that. Can you drive a horse and buggy on the interstate?” No, of course not. You can’t drive a moped or ride a bicycle there either. Despite how obvious the answer seems, you’re not likely to find it unless you know where to look. The state Department of Transportation is authorized to make rules, regulations and ordinances for the use of state highways, which are codified in the state administrative code. See G.S. 136-18(5). The provision relevant to this inquiry is 19A NCAC 02E .0409, which makes it unlawful to “ride any animal, or to operate a bicycle or horse drawn wagon or any nonmotorized vehicle or moped on any interstate or other fully controlled access highway.” The violation of any such rule promulgated by DOT is a Class 1 misdemeanor. See G.S. 136-18(5). 2. The delay was caused by an accident. We approach a fire truck, ambulance and state highway patrol trooper, all with their lights flashing, parked on the right shoulder of our side of the [...]
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