July 20, 1993
Sergeant Chuck Owens
Rockingham County Sheriff’s Department
PO Box 86
Wentworth, NC 27375-0086
Dear Sergeant Owens:
I am enclosing a copy of the letter opinion previously issued by Chief Deputy Attorney General
Andrew A. Vanore, Jr., authorizing only the Chief and Assistant Fire Chief to use modulating
headlights and other special equipment. The statute does not authorize the use of such devices by
other volunteer fire department personnel. Accordingly, these other volunteers may not lawfully
use modulating headlights on their personally owned vehicles.
This correspondence is an advisory opinion and, as such, will not be published in the Attorney
General Reports.
William N. Farrell, Jr.
Senior Deputy Attorney General
Isaac T. Avery, III
Special Deputy Attorney General
[Enclosure]
August 7, 1987
Mr. Robert D. Rouse, Jr.
150 Arlington Place
Greenville, North Carolina
Re: Use of Modulating Headlights on Fire Chief’s or Assistant Chief’s Private Vehicles
Dear Bob:
In your correspondence of July 17, 1987, you asked whether a fire chief or assistant chiefs may
lawfully use modulating headlamps on a private vehicle when responding to a fire call. The
answer to your question is yes.
G.S. 20-125(a) requires certain vehicles to be equipped with "special lights, bells, sirens, horns or exhaust whistles of a type approved by the Commissioner of Motor Vehicles." The statute also authorizes, but does not require, "the chief and assistant chiefs of . . . any fire department . . . to use such special equipment on privately owned vehicles operated by them while actually engaged in the performance of their official or semi-official duties or services . . . ". Thus, the only issues raised by your question are whether the term "such special equipment" refers to the phrase "special lights, bells, sirens . . .", and whether modulating headlamps are considered "special lights" and therefore included in the term "special equipment" as it is used in the statute.
The statute does not contain a definition of either "special lights" or "special equipment". Therefore, the terms must be given their common and ordinary meaning and construed in such a way so as to not defeat or impair the statute’s objective. Lafayette Transportation Services, Inc. v. County of Robeson, 283 N.C. 494, 196 S.E.2d 770 (1973).
There can be no doubt that the term "such special equipment" was intended to refer to the longer, all inclusive phrase "special lights, bells, sirens . . . etc.". There is no other discriptive listing of "special equipment" in that statute to which it could refer. Whether the term "special lights" was intended to include modulating headlamps is more difficult to determine. The argument could be made that "special lights" includes only red or blue lights. However, such an interpretation would impair the statute’s clear purpose which is to authorize the use of special sound and light producing equipment on emergency and law enforcement vehicles to warn operators of other vehicles of their presence. The statute also specifically recognizes chiefs and assistant chiefs of fire departments may, on occasion, be required to perform official duties in thier privately owned vehicles and grants them authority to use special equipment in doing so. Therefore, in order to carry out the Legislature’s intent, it should be concluded that chiefs and assistant chiefs are authorized to use any and all special warning equipment in performing their duties provided the quipment has been approved by the Commissioner of Motor Vehicles.
I hope this letter has answered your question. If I can be of further assistance, please do not hesitate to contact me.
LACY H. THORNBURG Attorney General
Andrew A. Vanore, Jr.
Chief Deputy Attorney General