North Carolina Administrative Code

19A NCAC 02D .0408 TEMPORARY BRIDGE WEIGHT LIMITS AND CLOSINGS After an inspection of any bridge on the State Highway System, any Department of Transportation bridge safety inspector, or any bridge maintenance supervisory personnel, may temporarily lower the authorized weight lim…

19A NCAC 02D .0409 TEMPORARY ROAD RESTRICTIONS History Note: Authority G.S. 20-121; Eff. July 1, 1978; Repealed Eff. January 1, 1994 pursuant to 1991 S.L., c. 477, s. 3.

19A NCAC 02D .0410 RENTAL OF SUPPLEMENTAL EQUIPMENT The Department of Transportation, in accordance with its needs and the availability of state-owned equipment, may supplement its own equipment requirements by the rental of privately-owned equipment. Operators may also be furnis…

19A NCAC 02D .0411 LIMITATIONS ON USAGE History Note: Authority G.S. 143B-346; 143B-350(f); 143B-350(g); Eff. July 1, 1978; Repealed Eff. January 1, 1994 pursuant to 1991 S.L., c. 477, s. 3.

19A NCAC 02D .0412 REST AREAS AND WELCOME CENTERS - AUTHORITY History Note: Authority G.S. 136-89.59; Eff. July 1, 1978. Repealed Eff. August 1, 1986.

19A NCAC 02D .0413 APPROVAL FOR USE - REST AREAS, WELCOME CENTERS History Note: Authority G.S. 136-89.59; Eff. July 1, 1978. Repealed Eff. August 1, 1986.

19A NCAC 02D .0414 LOCATION OF GARBAGE COLLECTION CONTAINERS (a) An encroachment agreement between the Department and non-Departmental parties shall be required for a garbage collection container site on any State highway rights-of-way. (b) No garbage collection container shall b…

19A NCAC 02D .0415 GENERAL REGULATIONS FOR DRAWBRIDGES History Note: Authority G.S. 136-18(5); 150B-21.3A; Eff. July 1, 1978; Amended Eff. August 1, 2000; April 1, 1999; August 1, 1998; January 1, 1996; November 1, 1993; Repealed Eff. February 1, 2019.

19A NCAC 02D .0416 BRIDGE BETWEEN MOREHEAD CITY AND ATLANTIC BEACH History Note: Authority G.S. 136-18(5); Eff. July 1, 1978; Amended Eff. August 10, 1981; Repealed Eff. November 1, 1991.

19A NCAC 02D .0421 INSTALLATION OF DRIVEWAY PIPE (a) The Department of Transportation shall be responsible for the installation and costs of pipe lines in the drainage ditch along State-maintained roads and within State-maintained right-of-way or easement at entrances to private …

19A NCAC 02D .0422 HANDBOOK OF DESIGN FOR HIGHWAY SURFACE DRAINAGE STRUCTURES History Note: Authority G.S. 136-18(1); 136-92; 136-93; 150A-62; 159A-63(c); 156-88; Eff. July 1, 1978; Repealed Eff. April 3, 1981.

19A NCAC 02D .0423 PLANTING ON CONTROLLED-ACCESS FACILITIES Requests to plant on full or partial access highways shall be submitted to the division engineer whose jurisdiction is the county where the planting is proposed. History Note: Authority G.S. 136-18(9); 136-89.50; 136-93;…

19A NCAC 02D .0424 PLANTING ON OTHER FACILITIES (a) On highways without any control of access, planting requests will be handled by one of three methods, as determined by the Division Engineer having jurisdiction in the county where the planting is proposed: (1) The requesting in…

19A NCAC 02D .0425 FEDERAL DISASTER ASSISTANCE History Note: Authority G.S. 136-4; 136-18; 143B-350; 150B-21.3A; Eff. October 1, 1991; Amended Eff. April 1, 1997; November 1, 1993; Repealed Eff. June 1, 2019.

SECTION .0500 - FERRY OPERATIONS 19A NCAC 02D .0501 GENERAL The rules in this Section apply only for the transportation via the State of North Carolina ferry system of individual passengers and their hand baggage as defined in Rule .0504 of this Section, vehicles under their own …

19A NCAC 02D .0502 TICKET CONDITIONS Transportation furnished on any ticket sold or honored by the carrier will be subject to the rules set forth in this Section and any additional requirements are specifically provided on such tickets. History Note: Authority G.S. 136-82; 143B-1…

19A NCAC 02D .0503 CARRIER When the term "carrier" is used in in this Section, it refers to the North Carolina Department of Transportation; the Division of Highways; and the Ferry Division. History Note: Authority G.S. 136-82; 143B-10(j); Eff. July 1, 1978; Amended Eff. December…

19A NCAC 02D .0504 HAND BAGGAGE The term "hand baggage" as used herein means the baggage, personal effects or other property of passengers taking passage on carrier's vessels. Such hand baggage or other property will be only in such amounts as foot passengers can individually han…

19A NCAC 02D .0505 NOTICE OF CANCELLATION Carrier may deviate from or cancel sailing schedules without notice when in its opinion scheduled operation is impractical or unsafe because of circumstances or conditions beyond its control. In either event, carrier assumes no liability …

19A NCAC 02D .0506 COMPLETION OF VOYAGE If, through failure, act of God, or other misfortune, carrier's vessel fails to complete her voyage, neither the master of the vessel nor the carrier shall be under any obligation to forward passengers or vehicles to their original destinat…

19A NCAC 02D .0507 SUBSTITUTE VESSELS Carrier reserves the right to substitute one vessel for another over any of the routes operated without any liability to patrons. History Note: Authority G.S. 136-82; 143B-10(j); Eff. July 1, 1978; Pursuant to G.S. 150B-21.3A, rule is necessa…

19A NCAC 02D .0508 DEFINITION OF LANDING Passengers or vehicles shall be deemed landed: (1) upon arrival of vessels at port of designated destination; (2) when landed at any other port because of failure, act of God, or other misfortune to vessel; (3) when voyage is abandoned for…

19A NCAC 02D .0509 RESPONSIBILITY OF VESSEL MASTER When in the master's opinion safe landing cannot be made upon arrival of the vessel at a designated port of destination, it may be landed at another port at which safe landing can be made. History Note: Authority G.S. 136-82; 143…

19A NCAC 02D .0510 MEDICAL CARE Carrier shall neither furnish nor be liable for medical care or surgical treatment of passengers or other persons while on its terminal property. Carrier shall not be liable for the quality, nature or consequence of any medical or surgical treatmen…

19A NCAC 02D .0511 LIABILITY LIMITATIONS Unless it is shown that a negligent act of an officer, employee, or agent of the state while acting in the scope of his office, service agency or authority was the sole proximate cause of any injury, loss, or damage, carrier shall not be l…

19A NCAC 02D .0512 PERSONAL PROPERTY Carrier will not assume any responsibility or liability for articles left on board its vessels or at its terminals by passengers; or for articles left in vehicles while in transit, or at terminals. History Note: Authority G.S. 136-82; 143B-10(…

19A NCAC 02D .0513 THEFT Under no circumstances will the carrier be liable for theft from the person or baggage of a passenger or pilferage or theft from any vehicle on carrier's vessels or terminals. History Note: Authority G.S. 136-82; 143B-10(j); Eff. July 1, 1978; Pursuant to…

19A NCAC 02D .0514 BAGGAGE The handling of baggage by carrier will be as an accommodation only to the passenger. Carrier will not be liable for damage to or loss of such baggage whether by its negligence or otherwise. History Note: Authority G.S. 136-82; 143B-10(j); Eff. July 1, …

19A NCAC 02D .0515 LOSS CLAIMS All claims for loss or injury to person or property must be presented in accordance with the provisions of the Tort Claims Act (Article 31 of Chapter 143 of the North Carolina General Statutes). History Note: Authority G.S. 136-82; 143-291; 143B-10(…

19A NCAC 02D .0516 INSURANCE BENEFIT In case of any loss or damage for which the carrier shall be liable, the carrier shall, to the extent of such liability, have the full benefit of any insurance that may have been effected by the owner upon the goods lost or damaged, notwithsta…

19A NCAC 02D .0517 RIGHT TO REFUSE TRANSPORT; PERSONS Carrier may refuse to transport a person who is apparently under the influence of intoxicating liquor or drugs or who is incapable of taking care of himself, or whose conduct makes him objectionable or dangerous to other passe…

19A NCAC 02D .0518 COMPLIANCE WITH RULES AND REGULATIONS Carrier also may refuse to transport a person who refuses to abide by its rules or those of the U. S. Coast Guard, pertaining to the safe and efficient operation of vessels, terminals, and traffic. History Note: Authority G…

19A NCAC 02D .0519 RIGHT TO REFUSE TRANSPORT: CARGO Carrier may refuse any and all articles loaded in or on vehicles or vehicles which in its opinion will jeopardize the safe operation of the vessel, or which carrier is not equipped to handle. Carrier may refuse to transport vehi…

19A NCAC 02D .0520 BRAKES Drivers of all vehicles shall set emergency brakes and engage parking gear on all vehicles having same before leaving the vehicles. Drivers of all mechanically powered vehicles shall shut off engines, after being directed to their designated parking area…

19A NCAC 02D .0521 OPERATION OF VEHICLE BY CARRIER EMPLOYEES Carrier's employees are not permitted to drive power vehicles or wheeled machinery on or off vessels. When the owner or shipper, or his agent is unable to promptly drive such vehicles on and off vessels, carrier will re…

19A NCAC 02D .0522 INOPERATIVE VEHICLES (a) Vehicles, without drivers, or with dead motors or otherwise inoperative, with or without drivers, will not be accepted by carrier for transportation. The provisions of this paragraph do not apply to such vehicles in tow of other vehicle…

19A NCAC 02D .0523 LIVESTOCK Livestock will be transported only at carrier's convenience and only in adequate motor vehicle equipment. Rates to be charged are those applicable on trailers, trucks, truck and trailer combinations or truck tractor and semi-trailer combinations as sp…

19A NCAC 02D .0524 DOGS, AND OTHER HOUSEHOLD PETS AND WILD ANIMALS (a) Dogs and household pets may accompany passengers and will be carried on vessels subject to the following conditions: (1) Dogs, cats, kittens, and small pet birds will be transported without charge when accompa…

19A NCAC 02D .0525 NO LIABILITY ASSUMED BY CARRIER No liability will be assumed by the carrier in the transportation of household pets, or wild animals. History Note: Authority G.S. 136-82; 143B-10(j); Eff. July 1, 1978; Amended Eff. November 1, 1991; Pursuant to G.S. 150B-21.3A,…

19A NCAC 02D .0526 BABY CARRIAGES Baby carriages, strollers, and similar articles will be carried without charge, when space is available. The person accompanying the baby carriage, stroller, or similar article must place same where directed by the master. The carrier will not as…

19A NCAC 02D .0527 CORPSES Corpses will be transported in vehicles only. History Note: Authority G.S. 136-82; 143B-10(j); Eff. July 1, 1978; Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 6, 2016.

19A NCAC 02D .0528 EXCESS HAND BAGGAGE (a) The transportation of hand baggage or other property defined in Rule .0504 of this Subchapter of foot passengers in excess of such amounts must be arranged for by the passengers via available common carrier freight or express service. (b…

19A NCAC 02D .0529 BAGGAGE IN VEHICLES Passengers in vehicles may carry baggage or other property in such amounts as can be loaded in or securely fastened on vehicles. History Note: Authority G.S. 136-82; 143B-10(j); Eff. July 1, 1978; Pursuant to G.S. 150B-21.3A, rule is necessa…

19A NCAC 02D .0530 RIGHT TO REFUSE (a) Carrier may refuse any and all articles of baggage or other property which in the opinion of the carrier's agent or master of the vessel will, or may, jeopardize the vessel's safe operation or which the carrier is not equipped to handle. Dan…

19A NCAC 02D .0533 TICKET LIMITS Tickets are valid only on the date of purchase and for the trip number indicated. History Note: Authority G.S. 136-82; 143B-10(j); Eff. July 1, 1978; Amended Eff. December 1, 1993; Pursuant to G.S. 150B-21.3A, rule is necessary without substantive…

19A NCAC 02D .0534 REDEMPTION OF TICKETS Upon presentation by the lawful holder thereof, unused tickets will be redeemed upon the following terms provided such ticket is so presented for redemption within 30 days after the date of sale: (1) Unused tickets will be redeemed at the …

19A NCAC 02D .0535 FERRY RESERVATIONS (a) Reservations for space shall only be available for the Cedar Island-Ocracoke, Swan Quarter-Ocracoke, and Passenger Ferry from Hatteras-Ocracoke ferry operations. All other operations are on a "first come-first served" basis. (b) Reservati…

19A NCAC 02D .0536 MAIL TRUCKS Mail trucks may be granted priority privileges for loading on all system ferries. History Note: Authority G.S. 136-82; 143B-10(j); Eff. July 1, 1978; Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 6…

19A NCAC 02D .0537 FERRY SCHEDULES Ferry schedules are available on the Official North Carolina Highway Map, from the Ferry Operations Office in Morehead City, (919) 726-6446, or on signs posted at strategic locations along ferry terminal approach highways or at the ferry termina…

19A NCAC 02D .0538 VEHICLE WEIGHT LIMITATIONS (a) Maximum weights permissible for 150-foot Hatteras Class ferries are as follows: (1) 2 axles plus front steer axle with standard load and length of 35 feet: 40,000 lbs.; (2) 3 axles plus front steer axle with standard load and leng…