July 2, 1979
Subject:
Motor Vehicle; Rules of the Road; Passing Where There are Solid Center Lines
Requested By:
Claire McNaught Public Safety Attorney Winston-Salem, N.C.
Question:
Are solid center lines considered "markers" under G.S. 20-150(e)?
Conclusion:
Yes. As of July 1, 1979, solid center lines are "markings" under G.S. 20-1500(e) (Chapter 472, 1979 Session Laws, H.B. 1064).
Chapter 472 of the 1979 Session Laws (H.B. 1064) amended G.S. 20-150(e) effective July 1, 1979 to read:
"The driver of a vehicle shall not overtake and pass another on any portion of the highway which is marked by signs, markers or markings placed by the Department of Transportation stating or clearly indicating that passing should not be attempted." (Emphasis added)
The 1979 amendment establishes a mandatory duty to obey highway markings placed there by the Department of Transportation. The North Carolina Highway Marking Manual and Supplement (1978) Section 4A-7 outlines the pavement markings for no passing zones. Solid yellow center lines shall indicate no passing zones at specified intersections and on specified grades and curves.
The North Carolina Department of Transportation’s Drivers Handbook under Rules of the Road states:
"There are some places where passing is always unsafe and usually against the law. Passing should not be tried: . . . 4. Whenever there is a solid yellow line in your lane."
G.S. 20-150(e), as amended, prohibits passing on solid yellow center lines as they constitute "markings placed by the Department of Transportation stating or clearly indicating that passing should not be attempted."
Rufus L. Edmisten Attorney General
William W. Melvin Deputy Attorney General