February 14, 1992
Subject:
Motor Vehicles; G.S. § 20-129; G.S. § 20-129.1; G.S. § 20-125.1; Lights or Reflectors Required on Farm Trailers
Requested By:
Clyde R. Cook, Jr.
Assistant Commissioner of Motor Vehicles
Question:
What lights or reflectors are required for farm trailers designed to run upon, and operated on, State highways?
Conclusion:
All farm trailers must be equipped with a stop lamp activated by the foot brake of the towing unit when operated upon the highways of this state. The additional lights or reflectors required depend on the time of day of operation, the atmospheric and weather conditions, the gross weight of the trailer and whether or not the trailer and load obscure the directional signals or stop light of the towing vehicle.
G.S. § 20-4.01(23) defines a "motor vehicle" and reads in applicable part: "Every vehicle which is self-propelled and every vehicle designed to run upon the highways which is pulled by a self-propelled vehicle." Therefore, trailers designed to run upon the highways and pulled by a self-propelled vehicle are motor vehicles for the purposes of Chapter 20. For the purposes of this opinion, the terms "farm trailers" and "trailers" are synonymous.
STOP LIGHTS
Pursuant to G.S. § 20-129(g), all motor vehicles manufactured after December 31, 1955 must be equipped with a stop lamp displaying a red or amber light visible from a distance of 100 feet to the rear in normal sunlight, activated by the foot brake, which may be incorporated into a unit with one or more rear lamps. There are no exceptions from this requirement.
REGISTRATION PLATE LAMP
G.S. § 20-129(d) also requires a separate lamp to illuminate the registration plate with a white light if the vehicle is required to be registered. Many farm trailers are exempt from registration under G.S. § 20-51, but those that must be registered must have this lamp. For example, under G.S. § 20-51(5), farm trailers when attached to farm tractors are exempt from registration when hauling farm supplies from market to farm, farm to market, from one farm to another, and within the same farm. However, if the same tractor and trailer are used in a for-hire operation by the owner, the vehicles are not exempt and must be registered. The registration lamp is then required to illuminate the plate.
DIRECTIONAL SIGNALS
Regardless of time of operation, G.S. § 20-125.1(a) requires a directional signal device on trailers that are required to be registered. Subsection (c) of the same statute exempts trailers of less than 4,000 pounds gross weight if the trailer is not required to be registered and the trailer and load do not obscure the directional signals of the towing vehicle from the view of a driver approaching from the rear within a distance of 200 feet. As mentioned under the previous paragraph on the registration plate lamp, many farm trailers are exempt from registration under G.S. § 20-51. However, if the trailer is required to be registered, it must be equipped with the directional signal device as set out in G.S.§ 20-125.1(a).
REAR LAMPS
G.S. § 20-129(a) specifically requires that motor vehicles be equipped with lighted head lamps and rear lamps under three distinct conditions: "(1) during the period from sunset to sunrise, (2) when there is insufficient light to render clearly discernible any person on the highway at a distance of 400 feet ahead, (3) Repealed, (1989, c. 822, s. 1), or (4) at any other time when windshield wipers are in use as a result of smoke, fog, rain, sleet, or snow, or when inclement weather or environmental factors severely reduce the ability to clearly discern persons and vehicles on the street and highway at a distance of 500 feet ahead, provided, however, the provisions of this subdivision shall not apply to instances when windshield wipers are used intermittently in misting rain, sleet, or snow." The statute implies, however, that at all other times not addressed by subsection (a)(l) through (4), farm trailers may be operated on the highways within this State without additional lights or reflectors, except that they must be equipped with a stop lamp and, if required to be registered, a directional signal device.
Under G.S. § 20-129(d), motor vehicles and the end unit of a combination of vehicles must have all originally equipped ear lamps or the equivalent in good working order, which lamps must exhibit a red light plainly visible from a distance of 500 feet to the rear of the vehicle.
Subsection (d) further provides an exception from the requirement of a rear lamp for trailers having a gross weight of less than 4,000 pounds if the trailer is equipped with two red reflectors not less than three inches in diameter. Thus, while trailers under 4,000 pounds do not have a rear lamp if they are quipped with two reflectors as stated above, they
must have a stop lamp regardless of the time of operation of the vehicle.
REFLECTORS
Subsection (d) of G.S. § 20-129 requires that trailers be equipped with a read reflector which is visible from a distance of 500 feet when opposed by a motor vehicle displaying undimmed lights at night on an unlighted highway.
There are additional reflectors required on trailers having a gross weight of 4,000 pounds or more when operated during the time or under the three conditions in G.S. § 20-l29(a) set forth above under the heading "Rear Lamps." They are:
"(1) A red reflector of the type which has been approved by the Commissioner of Motor Vehicles and located at a height and so maintained as to be visible for at least 500 feet when approached by a motor vehicle displaying lawful undimmed lights at night on an unlighted highway. G.S. § 20-129(d);
- (2)
- On each side, two reflectors, one at or near the front and one at or near the rear. G.S. § 20- 129.1(4); and
- (3)
- Two reflectors, one at each side. G.S. § 20- 129.1(4)."
As to trailers having a gross weight of less than 4,000 pounds operated during the times or under the conditions set forth in G. S. § 20-129(a), the additional lighting requirements are two reflectors on the rear, one on each side. G.S. § 20-129.1(6). [Note: See also the exception to rear lamps for trailers of less than 4,000 pounds gross weight if equipped with two red reflectors explained in the section on "Rear Lamps."]
CLEARANCE/MARKER LAMPS
For trailers having a gross weight of 4,000 pounds or more, G.S. § 20-129.1(4), requires on the front, two clearance lamps, one at each side, on the rear, two clearance lamps, one at each side; and ton each side, two side marker lamps, one at or near the front and one at or near the rear.
On trailers 30 feet or more in length, one combination marker lamp showing amber, mounted on the bottom side rail at or near the center of each side. G.S. § 20-129.1(10).
Finally, G.S. § 20-129.1(7) requires that the front clearance lamps and those marker lamps and reflectors mounted on the side near the front to display or reflect an amber color. G.S. § 20-129.1(8) requires the rear clearance lamps and those marker lamps and reflectors mounted on the rear or the sides near the rear to display or reflect a red color. The final references to light color are found in G.S. § 20-130.3 which prohibits white lights on the rear of a vehicle except for backup lights and as permitted by G.S. § 20- 129(d).
Lacy H. Thornburg Attorney General
William R. Ray Special Deputy Attorney General