Motor Vehicles; Public Vehicular Area

Subject:

Motor Vehicles; Public Vehicular Area

Requested By:

Chief E. C. Watson Chief of Police Enfield, N.C.

Questions:

(1)

Does the parking lot of a car wash fall within the definition of public vehicular area?

(2)

Does the parking lot of a car wash become private property when the business closes and does it remove it from the definition of public vehicular area?

(3)

Do the motor vehicle laws apply to a parking lot of a car wash only when it is open for business?

Conclusions:

(1)

Yes.

(2)

No.

(3)

No.

The definition of a public vehicular area as set out in G.S. 20-4.01(32) reads as follows:

"(32) Public Vehicular Area. — Any drive, driveway, road, roadway, street, or alley upon the grounds and premises of any public or private hospital, college, university, school, orphanage, church, or any of the institutions maintained and supported by the State of North Carolina, or any of its subdivisions or upon the grounds and premises of any service station, drive-in theater, supermarket, store, restaurant or office building, or any other business, residential, or municipal establishment providing parking space for customers, patrons, or the public."

The definition of public vehicular area is sufficiently broad to cover the parking lot of a public car wash and unless the lot was cut off to the public by physical barriers would remain a public vehicular area 24 hours a day. It would be no different than a service station lot for the purpose of enforcing the motor vehicle laws.

Rufus L. Edmisten Attorney General

William W. Melvin

Deputy Attorney General