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THE LIBRARY OF THE 
 UNIVERSITY OF 
 NORTH CAROLINA 
 
 THE COLLECTION OF 
 NORTH CAROLINIANA 
 
 Cp386 
 
 1923 
 
 This BOOK may be kept out TWO WEEKS 
 
 ONLY, and is subject to a fine of FIVE 
 CENTS a day thereafter. It is DUE on the 
 
 DAY ‘' '•d ^*1 r’r 
 
 : 
 
 
 
 
 ;• 'I 
 
NORTH CAROLINA 
 
 STATE ROAD LAW 
 
 Raleigh 
 
 Capital Printing Company 
 State Printers 
 1923 
 
 
Digitized by the Internet Archive 
 in 2019 with funding from 
 University of North Carolina at Chapel Hill 
 
 https://archive.org/details/northcarolinasta00nort_3 
 
[Public Laws, Session 1921, as Amended by Session 1923] 
 
 An act to provide for the construction and maintenance 
 of a State System of Hard-surfaced and other de¬ 
 pendable roads connecting by the most practicable 
 routes the various county-seats and other principal 
 towns of every county in the State for the develop¬ 
 ment of agriculture, commercial and industrial 
 interests of the State, and to secure benefits of 
 Federal Aid therefor, and for other purposes. 
 
 The General Assembly of North Carolina clo enact: 
 
 Section 1. That chapter one hundred and eighty-nine of the Law amended. 
 Public Laws of North Carolina, session one thousand nine hun¬ 
 dred and nineteen, be amended so as to hereafter read as follows: 
 
 General Purposes of the Act 
 
 Sec. 2. The general purposes of this act are for the State to General purposes 
 
 of act. 
 
 lay out, take over, establish and construct, and assume control 
 of approximately 5,500 miles of hard-surfaced and other depend- Mileage contem- 
 able highways running to all county-seats, and to all principal plated * 
 towns, State parks, and principal State institutions, and linking 
 up with State highways of adjoining states and with National 
 highways into National Forest Reserves by the most practicable 
 routes, with special view of development of agriculture, commer¬ 
 cial, and natural resources of the State, and for the further pur- 
 post of permitting the State to assume control of the State high- Control of state 
 ways, repair, construct, and reconstruct and maintain said high- R^ a 7r and ma ; n . 
 
 ways at the expense of the entire State, and to relieve the counties tenance of high¬ 
 ways. 
 
 and cities and towns of the State of this burden. 
 
 Purpose and Intent of Act—Hard-Surfaced Roads and 
 
 Maintaining Same 
 
 Sec. 3. That the purpose and intent of this act is to establish 
 
 a system of State highways for the State, hard-surfacing said System of state 
 
 highways as rapidly as possible, and maintaining the entire sys- Har<Lsurfacing. 
 
 tern of said highways in the most approved manner as outlined 
 
 in this act. Work on the various links in the State highway work leading to 
 
 system shall be of such a character as will lead to ultimate hard- gf r r u d c "^ faced con 
 
 surfaced construction as rapid^ as money, labor, and materials 
 
 will permit, and to a State system of durable hard-surfaced, all- State system. 
 
 weather roads, connecting the various county-seats, principal Localities con- 
 , ... nected. 
 
 towns, and cities. 
 
 Establishment of the Commission 
 
 Sec. 4. That a State Highway Commission is hereby created, state Highway 
 to consist of a chairman from the State at large, who shall be a chairman! 1 
 
4 
 
 State Road Law 
 
 Commissioners. 
 
 Political affilia¬ 
 tions. 
 
 Appointment. 
 Confirmation of 
 appointment. 
 Present commis¬ 
 sioners to fill out 
 terms. 
 
 Appointment of 
 successors. 
 Confirmation. 
 Terms of office. 
 
 Proviso: 
 
 Removal for cause. 
 Vacancies. 
 
 Appointment of 
 successors. 
 
 Confirmation. 
 
 State Highway 
 Commissioner to 
 devote entire 
 time to work. 
 Salary. 
 Expenses. 
 
 Authority vested. 
 
 Pay of members 
 other than chair¬ 
 man. 
 
 Location of main 
 office. 
 
 Commission to 
 organize and 
 adopt seal. 
 Minutes of 
 meetings. 
 Minutes open for 
 inspection. 
 
 Rules of order. 
 
 practical business man, and who shall be known as the State 
 Highway Commissioner; and nine (9) commissioners, one from 
 each construction district as hereinafter designated, three of 
 whom shall be of the minority political party, one for each of the 
 three terms, all to be appointed by the Governor, such appoint¬ 
 ments to be confirmed by the Senate. The State Highway Com¬ 
 missioner of the existing Highway Commission and all other com¬ 
 missioners whose terms do not expire on April first, one thousand 
 nine hundred and twenty-one, shall hold office during their pres¬ 
 ent unexpired terms. At the expiration of the present term of 
 the chairman, and any commissioner whose term has not expired, 
 his successor shall be appointed by the Governor for a period of 
 six years, such appointment to be confirmed by the Senate. That 
 two of said commissioners shall be appointed for two years from 
 April first, one thousand nine hundred and twenty-one; three of 
 said commissioners shall be appointed for four years from April 
 first, one thousand nine hundred and twenty-one; three of said 
 commissioners shall be appointed for six years each, such appoint¬ 
 ments to be confirmed by the Senate: Provided, that any commis¬ 
 sioner appointed or elected under this act may be removed by the 
 Governor for cause. In case of the death, resignation, or removal 
 from his district of any commissioner during his term of office, 
 his successor shall be appointed by the Governor from the same 
 construction district and from the same political party in which 
 the vacancy occurs to fill out his unexpired term, such appoint¬ 
 ment to be confirmed by the next Senate. At the expiration of 
 the term of the chairman, and the various commissioners, their 
 successors shall be appointed by the Governor for a term of six 
 years each, such appointments to be confirmed by the Senate. The 
 State Highway Commissioner shall devote his entire time and 
 attention to the work of the commission and receive as compen¬ 
 sation and salary therefor fifty-five hundred dollars ($5500) per 
 annum, payable monthly, and his actual traveling expenses when 
 engaged in the discharge of his duties. Said State Highway Com¬ 
 missioner shall be vested with all the authority of said commis¬ 
 sion when same is not in session. The members of the State 
 Highway Commission, other than the chairman of the commission, 
 shall each receive ten dollars ($10) per day while engaged in the 
 discharge of the duties of their office, and their actual traveling 
 expenses. The headquarters and main office of the State High¬ 
 way Commission shall be located at the State Capitol. The mem¬ 
 bers of the said commission, at their first meeting, shall organize 
 and adopt a common seal; they shall keep minutes of their meet¬ 
 ings, w T hich shall be open to public inspection; they shall have the 
 power to adopt and enforce rules and regulations for the govern¬ 
 ment of their meetings and proceedings, and for the transaction 
 of the business of the commission; and shall have the power and 
 
^ o 
 
 State Road Law 5 
 
 authority to make all rules and regulations for carrying out the Rules and regu- 
 true intent and purposes of this act. They shall meet at the ingout^cu*^" 
 offices of the commission at such regular times, not less than Meeti ngs. 
 quarterly, as they may by rule provide, and may hold special Special meetings, 
 meetings at any time and place at the call of the chairman, or any 
 five members. The first meeting of the commission shall be at the Call for first 
 call of the Governor as soon as practicable after the ratification meeting ' 
 of this act. 
 
 State Highway Engineer and Other Employees 
 
 Sec. 5. The said commission, at its first meeting or as soon 
 thereafter as practicable, shall employ a State Highway Engineer, 
 who shall be a competent civil engineer, qualified by technical 
 training as well as practical construction experience in highway 
 work. The engineer shall hold office during the pleasure of the 
 commission, but not to exceed a period of four years without reap¬ 
 pointment. He shall receive an annual salary to be fixed by the 
 State Highway Commission, approved by the Governor, payable 
 in monthly installments, together with such actual and other 
 necessary expenses as may be incurred in the official discharge 
 of his duties. Said commission shall prescribe and fix the duties 
 of the engineer, and shall provide the engineer with offices and 
 sufficient equipment to discharge his duties as prescribed by the 
 State Highway Commission and this act. The commission shall 
 employ such other engineers, clerks, and assistants as may be 
 needed, and at such salaries and for such terms as appear neces¬ 
 sary, and prescribe and fix their duties. In the discretion of the 
 commission, such offices may be established in the construction 
 districts as may be necessary to carry out the provisions of 
 this act. 
 
 State Highway 
 
 Engineer. 
 
 Qualifications. 
 
 Term of office. 
 
 Salary. 
 
 Commission to 
 prescribe duties. 
 
 Offices and 
 equipment. 
 
 Engineers, clerks, 
 and assistants. 
 
 Offices in con¬ 
 struction districts. 
 
 Oath and Bonds of Commissioners and Engineers 
 
 Sec. 6. The members of the State Highway Commission and Members of 
 
 _ , . . „ , . commission and 
 
 State Highway Engineer shall each, before entering upon the dlS- engineer to 
 
 charge of his duties, take an oath that he will faithfully and hon- Qualify- 
 
 estly execute the duties of the office during his continuance in 
 
 office, and each give a bond, to be fixed and approved by the Gov- Official bond. 
 
 ernor, conditioned upon the faithful discharge of the duties of 
 
 his office and the full and proper accounting for all public funds 
 
 and property coming into his possession or under his control. The 
 
 premium on said bond or bonds shall be paid out of the State Premium on 
 
 bonds. 
 
 Highway Fund. 
 
 Five Thousand Five Hundred Miles (Approximate) Taken 
 Over for the State Highway System—Method 
 
 [/) 
 
 Sec. 7. Fifty-five hundred (5500) miles shall be the approxi- Maximum 
 ^mate maximum limit of mileage of the State highway system. 
 
 £ 
 
c 
 
 State Road Law 
 
 Roads mapped. 
 
 Maps posted in 
 counties. 
 
 Local road officials 
 notified of route. 
 
 Roads or streets 
 part of system in 
 default of 
 objection. 
 
 Hearing on objec 
 tions. 
 
 Notice of hearing. 
 
 Decision of com 
 mission final. 
 Map attached. 
 
 Changes by com¬ 
 mission. 
 
 Proviso: 
 Limitation on 
 powers of change. 
 
 Rights of way. 
 
 Proviso: 
 
 Toll roads. 
 
 Commission to be¬ 
 gin assumption of 
 control. 
 
 Completion of 
 assumption of 
 control. 
 
 Standard designs 
 for marking roads 
 constituting 
 system. 
 
 The designation of all roads comprising the State highway system 
 as proposed by the State Highway Commission shall be mapped, 
 and there shall be publicly posted at the courthouse door in every 
 county in the State a map of all the roads in such county in the 
 State system, and the board of county commissioners or county 
 road-governing body of each county, or street-governing body of 
 each city or town in the State shall be notified of the routes that 
 are to be selected and made a part of the State system of high¬ 
 ways; and if no objection or protest is made by the board of 
 county commissioners or the county road-governing body of any 
 county, or street-governing body of any city or town in the State 
 within sixty days after the notification before mentioned, then 
 and in that case the said roads or streets, to which no objections 
 are made, shall be and constitute links or parts of the State high¬ 
 way system. If any objections are made by the board of county 
 commissioners or county road-governing body of any county or 
 street-governing body of any city or town, the whole matter shall 
 be heard and determined by the State Highway Commission in 
 session, under such rules and regulations as may be laid down by 
 the State Highway Commission, notice of the time and place of 
 hearing to be given by the State Highway Commission at the 
 courthouse door in the county, and in some newspaper published 
 in the county, at least ten days prior to the hearing, and the 
 decision of the State Highway Commission shall be final. A map 
 showing the proposed roads to constitute the State highway sys¬ 
 tem is hereto attached to this bill and made a part hereof. The 
 roads so shown can be changed, altered, added to or discontinued 
 by the State Highway Commission: Provided, no roads shall be 
 changed, altered or discontinued so as to disconnect county-seats, 
 principal towns. State or National parks or forest reserves, 
 principal State institutions, and highway systems of other states. 
 The rights of way to all roads taken over under this act shall 
 be not less than thirty (30) feet: Provided, that no toll road 
 shall be taken over under this section unless by agreement or 
 condemnation as herein provided. 
 
 Commission Assuming Control 
 
 Sec. 8. Within sixty days after the ratification of this act, the 
 State Highway Commission shall commence to assume control of 
 the various links of road constituting the State highway system, 
 and shall complete the assumption of control of all the roads 
 which constitute the State highway system as rapidly as practi¬ 
 cable. 
 
 Sec. 9. (a) After the selection of a part or parts of the State 
 
 highway system, the commission may cause roads, comprising 
 such system, including connecting streets in incorporated towns 
 and cities, to be distinctly marked with some standard design 
 
State Road Law 
 
 7 
 
 placed on convenient objects along such routes. Such design shall 
 
 be uniform on all parts of the State highway system, except that Uniformity of 
 
 the numbers thereon shall correspond with the numbers given the debl " n- 
 
 various routes by the commission, which numbers shall coincide 
 
 with the numbers placed on the official map or maps issued by the 
 
 commission. No similar design shall be used for marking other Use of design on 
 . . ,, ^ i. other routes for- 
 
 routes in North Carolina. bidden. 
 
 Guide and Warning Signs 
 
 (b) After selection of State highways before mentioned, the 
 commission may cause to be erected such standard guide or warn- Guide and warn¬ 
 ing signs as it may deem necessary along the State highway sys- mg slgns ' 
 tem. Such signs shall be of uniform design throughout the State, 
 
 and it shall be unlawful for any person to erect or display any 
 other guide or warning signs upon said highway except in case 
 of emergency, or with the approval of the commission, and, if 
 erected without such approval they may be removed by the com¬ 
 mission, and any violator of this section shall be subject to all 
 penalties hereinafter provided. 
 
 Directing Signs 
 
 (c) After taking over section or sections of the State highway 
 system, the commission may erect proper and uniform signs Guide posts, 
 directing persons to roads and places of importance. 
 
 (d) Said commission shall have the power to control all signs Signs on right of 
 
 way 
 
 within the right of way of State highways. 
 
 Powers of State Highway Commission 
 
 Sec. 10. The said State Highway Commission shall be vested 
 with the following powers: 
 
 (a) The general supervision over all matters relating to the 
 construction of the State highways, letting of contracts therefor, 
 and the selection of materials to be used in the construction of 
 State highways under the authority of this act. 
 
 (&) To take over and assume exclusive control for the benefit 
 of the State of any existing county or township roads, and to 
 locate and acquire rights of way for any new roads that may 
 be necessary for a State highway system, with full power to 
 widen, relocate, change or alter the grade or location thereof; 
 to change or relocate any existing roads that the State Highway 
 Commission may now own or may acquire; to acquire by gift, 
 purchase, or otherwise, any road or highway, or tract of land 
 or other property whatsoever that may be necessary for a 
 State highway system; Provided, that nothing in this act shall 
 be construed to authorize or permit the Highway Commission 
 to allow or pay anything to any county, township, city or town, 
 
 Powers vested in 
 commission. 
 
 Supervision of 
 matters of con¬ 
 struction, letting 
 of contracts, and 
 selecting mate¬ 
 rials. 
 
 To take over 
 county or town¬ 
 ship roads. 
 
 Location and 
 rights of way. 
 
 Alterations. 
 
 Acquirement of 
 roads necessary to 
 State system. 
 
 Proviso: 
 
 No allowance or 
 pay for existing 
 bonds but by 
 prior contract. 
 
s 
 
 State Road Law 
 
 Procurement of 
 material. 
 
 Enforcement of 
 rights. 
 
 To make regula¬ 
 tions for protec¬ 
 tion of roads. 
 
 Violation thereof 
 a misdemeanor. 
 
 Traffic census. 
 
 Action based on 
 census. 
 
 Responsibility for 
 maintenance. 
 
 Proviso: 
 Contracts with 
 counties. 
 
 Maintenance of 
 streets. 
 
 Names for high¬ 
 ways. 
 
 Cooperation with 
 local authorities, 
 organizations, and 
 individuals for 
 adornment and 
 protection of 
 highways. 
 
 or to any board of commissioners or governing body thereof, 
 for any existing road or part of any road heretofore constructed 
 by any such county, township, city or town, unless contract has 
 already been entered into with the State Highway Commission. 
 
 (c) To provide for such road materials as may be necessary 
 to carry on the work of the State Highway Commission, either by 
 gift, purchase, or condemnation. 
 
 ( d ) To enforce by mandamus or other proper legal remedies 
 all legal rights or causes of action of the State Highway Commis¬ 
 sion with other public bodies, corporations, or persons. 
 
 (e) To make rules, regulations and ordinances for the use 
 of, and the police traffic on, the State highways, and to prevent 
 their abuse by individuals, corporations and public corporations, 
 by trucks, tractors, trailers or other heavy or destructive 
 vehicles or machinery, or by any other means whatsoever, and to 
 provide ample means for the enforcement of same, and the 
 violations of any of the rules, regulations or ordinances so 
 prescribed by the State Highway Commission shall constitute 
 a misdemeanor: Provided, no rules, regulations or ordinances 
 shall be made that will conflict with any statute now in force or 
 any ordinance of incorporated cities or towns. 
 
 (f t ) To establish a traffic census to secure information about 
 the relative use, cost, value, importance, and necessity of roads 
 forming a part of the State highway system, which information 
 shall be a part of the public records of the State, and upon which 
 information the State Highway Commission shall, after due delib¬ 
 eration and in acocrdance with these established facts, proceed 
 to order the construction of the particular highway or highways. 
 
 ( g ) To assume full and exclusive responsibility for the main¬ 
 tenance of all roads other than streets in towns and cities, form¬ 
 ing a part of the State highway system from date of acquiring 
 said roads: Provided, the commission may enter into contracts 
 with counties as to the maintenance of highways which shall form 
 a part of the State highway system. The State Highway Commis¬ 
 sion shall have authority to maintain all streets constructed by 
 the State Highway Commission in towns of less than three thou¬ 
 sand population by the last census, and such other streets as may 
 be constructed in towns and cities at the expense of the State 
 Highway Commission, whenever in the opinion of the State High¬ 
 way Commission it is necessary and proper so to do. 
 
 ( h) To give suitable names to State highways and change the 
 names of any highways that shall become a part of the State 
 system of highways. 
 
 (t) To cooperate with municipal or county authorities, civic 
 bodies and individuals in the proper selection, planting and pro¬ 
 tection of roadside trees, shrubs and vines for the beautification 
 and protection of said highways. 
 
State Road Law 
 
 9 
 
 O') To make proper and reasonable rules, regulations and 
 ordinances for the placing or erection of telephone, telegraph 
 or other poles, sign boards, fences, gas, water, sewerage, oil, or 
 other pipe lines, and other similar obstructions that may in the 
 opinion of the said Highway Commission contribute to the 
 hazard upon any of the said highways or in any wise interfere 
 with the same, and to make reasonable rules and regulations for 
 the proper control thereof. And whenever the order of the said Removal of teie- 
 Highway Commission shall require the removal of or changes aJdother 68 ’ Slgns ’ 
 in, the location of telephone, telegraph, or other poles, sign obstru ctions. 
 boards, fences, gas, water, sewerage, oil, or other pipe lines, 
 or other similar obstructions, the owners thereof shall at their 
 own expense move or change the same to conform to the order 
 of the said Highway Commission. Any violation of such rules Non-compliance 
 and regulations or non-compliance with such orders, shall consti- a misdemeanor - 
 tute a misdemeanor. 
 
 (k) To regulate, abandon and close to use, grade crossings Abandonment of 
 on any road designated as part of the State highway system, crossings, 
 and whenever a public highway has been designated as part 
 of the State highway system and the State Highway Commission, 
 in order to avoid a grade crossing or crossings with a railroad 
 or railroads continues or constructs the said road on one side 
 of the railroad or railroads, the Commission shall have power 
 to abandon and close to use such grade crossings; and when¬ 
 ever an underpass or overhead bridge is substituted for a grade 
 crossing, the commission shall have power to close to use and 
 abandon such grade crossing and any other crossings adjacent 
 thereto. 
 
 Federal Aid 
 
 (Z) That the said State Highway Commission shall have such 
 powers as are necessary to comply fully with the provisions of the 
 present or future Federal Aid Acts. The said commission is 
 hereby authorized to enter into all contracts and agreements with 
 the United States Government relating to the survey, construc¬ 
 tion, improvement and maintenance of roads under the provisions 
 of the present or future Congressional enactments, to submit such 
 scheme or program of construction or improvement and mainte¬ 
 nance as may be required by the Secretary of Agriculture or other¬ 
 wise provided by Federal Acts, and to do all other things neces¬ 
 sary to carry out fully the cooperation contemplated and provided 
 for by present or future acts of Congress, for the construction 
 or improvement and maintenance of rural post roads. The good 
 faith and credit of the State are further hereby pledged to make 
 available funds necessary to meet the requirements of the acts 
 of Congress, present or future, appropriating money to construct 
 and improve rural post roads and apportioned to this State during 
 each of the years for which Federal funds are now or may here- 
 
 Compliance with 
 Federal acts. 
 
 Contracts with 
 Federal Govern¬ 
 ment. 
 
 Plans to be sub¬ 
 mitted. 
 
 Pledge of avail¬ 
 able funds to 
 meet Federal 
 requirements. 
 
10 
 
 State Road Law 
 
 Pledge to main¬ 
 tain roads built 
 with Federal aid. 
 
 Detours pending 
 construction. 
 
 Explicit directions 
 during repairs. 
 
 Expenses of 
 detours. 
 
 Closing roads 
 during construc¬ 
 tion. 
 
 Barriers. 
 
 Notice of closure. 
 Warning signs. 
 
 Acts declared 
 misdemeanor. 
 
 after be apportioned by the said act or acts, to maintain the roads 
 constructed or improved with the aid of funds so appropriated 
 and to make adequate provisions for carrying out such construc¬ 
 tion and maintenance. The good faith and credit of the State are 
 further pledged to maintain such roads now built with Federal 
 aid and hereafter to be built and to make adequate provisions for 
 carrying out such maintenance. 
 
 Sec. 11. It shall be mandatory upon the State Highway Com¬ 
 mission, its officers and employees, or any contractor or subcon¬ 
 tractor employed by the said commission, to select, lay out, main¬ 
 tain and keep in as good repair as possible suitable detours by 
 the most practical route while said highways or roads are being 
 improved or constructed, and it shall be mandatory upon the said 
 Highway Commission, and its employees or contractors, to place 
 or cause to be placed explicit directions to the traveling public 
 during repair of said highway or road under the process of con¬ 
 struction. All expense of laying out and maintaining said detours 
 shall be paid out of State Highway Fund. 
 
 Closing of State Highways During Construction, Injury to 
 
 Barriers, Warning Signs, Etc. 
 
 Sec. 12. If it shall appear necessary to the State Highway Com¬ 
 mission, its officers, or appropriate employees, to close any road 
 or highway coming under its jurisdiction so as to permit of proper 
 completion of work which is being performed, such commission, 
 its officers or employees, may close, or cause to be closed, the 
 whole or any portion of such road or highway deemed necessary 
 to be excluded from public travel. While any such road or high¬ 
 way, or portion thereof, if so closed, or while any such road or 
 highway, or portion thereof, is in process of construction or main¬ 
 tenance, such commission, its officers or appropriate employees, or 
 its contractor, under authority from such commission, may erect, 
 or cause to be erected, suitable barriers or obstructions thereon, 
 may post, or cause to be posted, conspicuous notices to the effect 
 that the road or highway, or portion thereof, is closed, warning 
 signs, lights and lanterns on such road or highway, or portions 
 thereof. V/hen such road or highway is closed to the public or 
 in process of construction or maintenance, as provided herein, 
 any person who willfully breaks down, drives into new construc¬ 
 tion work, removes, injures or destroys any such barrier or 
 barriers or obstructions on road being constructed, or tears 
 down, removes or destroys any such notices, drives into new con¬ 
 struction work, or extinguishes, removes, injures or destroys any 
 such warning lights or lanterns so erected, posted or placed, 
 shall be guilty of a misdemeanor. 
 
State Road Law 
 
 11 
 
 Regulating Openings, Structures, Pipes, Trees, Etc., on the 
 State Highways, and the Issuance of Permits 
 
 Sec. 13. No opening or other interference whatsoever shall 
 be made in any State road or highway other than streets in cities 
 and towns, nor shall any structure be placed thereon, nor shall 
 any structure which has been placed thereon he changed or 
 removed except in accordance with a written permit from the 
 State Highway Commission or its duly authorized officers, who 
 shall exercise complete and permanent control over such roads 
 and highways. No State road or State highway, other than 
 streets in cities and towns, shall be dug up for laying or placing 
 pipes, conduits, sewers, wires, railways, or other objects, and 
 no tree or shrub in or on any State road or State highway 
 shall be planted, trimmed, or removed, and no obstruction placed 
 thereon, without a written permit as hereinbefore provided for, 
 and then only in accordance with the regulations of said Highway 
 Commsision or its duly authorized officers or employees; and the 
 work shall be under the supervision and to the satisfaction of 
 the State Highway Commission or its officers or employees, and 
 the entire expense of replacing the highway in as good condition 
 as before shall be paid by the persons, firms, or corporations 
 to whom the permit is given, or by whom the work is done; 
 the State Highway Commission, or its duly authorized officers, 
 may, in its discretion, before granting a permit under the 
 provisions of this act, require the applicant to file a satisfactory 
 bond, payable to the State of North Carolina, in such an amount 
 as may be deemed sufficient by the State Highway Commission, 
 or its duly authorized officers, conditioned upon the proper com¬ 
 pliance with the requirements of this act by the person, firm, or 
 corporation granted such permit. Any person making any open¬ 
 ing in a State road or State highway, or placing any structure 
 thereon, or changing or removing any structure thereon without 
 obtaining a written permit as herein provided, or not in com¬ 
 pliance with the terms of such permit, or otherwise violating the 
 provisions of this act, shall be guilty of a misdemeanor: Pro¬ 
 vided, this section shall not apply to railroad crossings. The rail¬ 
 roads shall keep up said crossings as now provided by law. 
 
 Openings in roads 
 or highways. 
 
 Structures. 
 
 Excavations. 
 
 Grass, shrubs or 
 obstructions. 
 
 Supervision of 
 work. 
 
 Expense of 
 replacement. 
 
 Applicant to give 
 bond if required. 
 
 Acts declared 
 misdemeanors. 
 
 Proviso: 
 Railroad cross¬ 
 ings. 
 
 To Encourage County Road Building 
 
 Sec. 14. To encourage counties to build hard-surfaced or other Contracts with 
 
 t counties xor reim* 
 
 dependable roads constituting a part of the State highway system bursement. 
 before same can be constructed by the State Highway Commis¬ 
 sion, the said commission is hereby authorized and empowered to 
 enter into contracts and agreements with said county or counties 
 
12 
 
 State Road Law 
 
 Proviso: 
 
 Building under 
 direction of State 
 Commission. 
 
 Contracts let to 
 bidders after 
 advertisement. 
 
 Right to reject 
 bids. 
 
 Claims against 
 contractor for 
 material to be 
 presented within 
 six months. 
 
 Towns may 
 widen streets. 
 
 Towns to save 
 commission harm¬ 
 less from claims. 
 
 May cause pipe 
 lines to be laid. 
 
 Assessment dis¬ 
 tricts declared. 
 
 for fair reimbursement for said expense: Provided, said road or 
 bridge is built in accordance with the specifications and under the 
 direction of the State Highway Commission. 
 
 Sec. 15. That all contracts over one thousand dollars that the 
 commission may let for construction, or any other kinds of work 
 necessary to carry out the provisions of this act, shall be let, after 
 public advertising, under rules and regulations to be made and 
 published by the State Highway Commission, to a responsible 
 bidder, the right to reject any and all bids being reserved to the 
 State Highway Commission. 
 
 Whenever any contractor engaged in working upon the State 
 highway, and under contract with the State Highway Commission, 
 shall incur liability for labor, material or other cause, and for 
 which such contractor, or his bondsmen, may be liable, all such 
 claims shall be presented in writing to said commission within 
 six months after the completion of said work, and failure to file 
 such claim within said time shall be a complete bar against 
 recovery from said commission or any bondsmen: Provided, that 
 this section shall not be in force and effect until six months 
 from the ratification of this act. 
 
 Sec. 16. That when any portion of the State highway system 
 shall run through any city or town and it shall be found neces¬ 
 sary to connect the State highway system with improved streets 
 of such city or town as may be designated as part of such sys¬ 
 tem, the State Highway Commission shall build such connect¬ 
 ing links, the same to be uniform in dimensions and materials 
 with such State highways: Provided, however, that whenever any 
 city or town may desire to widen its streets, which may be 
 traversed by the State highway, the State Highway Commission 
 may make such arrangements with said city or town in con¬ 
 nection with the construction of said road, as, in its discretion, 
 may seem wise and just under all the facts and circumstances 
 in connection therewith: Provided, further, that such city or 
 town shall save the State Highway Commission harmless from 
 any claims for damage arising from the construction of said 
 road through such city or town and including claims for rights 
 of way, change of grade line, and interference with public 
 service structures. And the State Highway Commission may 
 require such city or town to cause to be laid all water, sewer, 
 gas or other pipe lines or conduits, together with all necessary 
 house or lot connections or sewers, to the curb line of such road 
 or street to be constructed: Provided, further, that whenever by 
 agreement with the road-governing body of any city or town any 
 street designated as a part of the State highway system shall be 
 surfaced by order of the State Highway Commission at the ex¬ 
 pense, in whole or in part, of a city or town, it shall be lawful 
 for the governing body of such city or town to declare an assess- 
 
State Road Law 
 
 1 O 
 10 
 
 ment district as to the street to be improved, without petition by 
 the owners of property abutting thereon, and the costs thereof, 
 exclusive of so much of the cost as incurred at street inter¬ 
 sections and the share of railroads or street railways whose 
 tracks are laid in said street, which shall be assessed, under 
 their franchises, shall be specially assessed upon the lots or Special 
 parcels of land abutting directly on the improvements, accord- assessments - 
 ing to the extent of their respective frontage thereon by an 
 equal rate per foot of such frontage. 
 
 Working of State Convicts 
 
 Sec. 17. That all able-bodied male convicts sentenced to the state convicts may 
 
 State Prison may be assigned to work upon the State highway work! lgned 1 
 
 system under the direction of the State Highway Commission. 
 
 That the cost or hire of the able-bodied male convicts to the State Agreement for 
 
 hire 
 
 Highway Commission shall be agreed upon between the State 
 Highway Commission and the Governor and chairman of the 
 Prison Board, on the Oasis of paying the actual expenses in work- Basis of agree¬ 
 ing said convicts, including food, clothing, housing, guarding, 
 transportation and incidental expenses by the State Highway 
 Commission to the State Prison Board. 
 
 Working of County Convicts 
 
 Sec. 18. That the State Highway Commission may make con-Contracts with 
 
 counties for hire 
 
 tracts and agreements with the board of county commissioners of convicts, 
 or road-governing bodies of any county in the State for the 
 purpose of hiring any county convicts to be worked on the 
 State highway system or in the production of materials for use 
 in constructing State highways, and for constructing State 
 highways. 
 
 Grade Crossings Eliminated 
 
 Sec. 19. Whenever any railroad and a State highway or street Elimination of 
 
 , . , , , grade crossings by 
 
 which is a link in or a part of the State highway system shall substitution of 
 cross each other at the same level, and, if, after due notice to 01 undcl 
 the railroad and a hearing, in the judgment of the State High¬ 
 way Commission, such crossing is dangerous to public safety, 
 or the public travel on such highway is unreasonably impeded 
 thereby, the State Highway Commission may order the person 
 or company operating such railroad within such time as the 
 State Highway Commission may fix, to alter such crossing 
 according to the plans to be approved by said commission, 
 by substituting therefor a crossing, not at the grade of such 
 public highway, either by carrying such public highway under 
 or over the tracts of such railroad. If, however, in the judgment instaUation of 
 of the State Highway Commission, the safety of travellers may 
 be secured by the erection of gates, alarm signals, or other 
 
14 
 
 State Road Law 
 
 Participation in 
 construction cost 
 by railroad. 
 
 Notice to 
 railroads. 
 
 Highway Commis¬ 
 sion may 
 construct. 
 
 Accounting to 
 railroad. 
 
 approved safety devices, then said commission may require the 
 railroad or railroads to construct and maintain such safety 
 devices in lieu of the overpass or the underpass. 
 
 The work shall be done and material furnished either by the 
 railroad or the State Highway Commission, as may be agreed 
 upon, and, in case of an underpass, the railroad shall be re¬ 
 sponsible for one-half of the expense of all excavations through 
 the existing railroad fill as well as one-half of the complete 
 cost of the structure, including both the foundation and super¬ 
 structure; and, in case of an overpass, the railroad shall be 
 responsible for one-half of the entire cost of the bridge which 
 will stand the opening over the tracks of the railroad from 
 abutment to abutment, and including such abutments, and if 
 the grade crossing is not eliminated by an underpass or over¬ 
 pass, the railroad company shall be responsible for one-half of 
 the cost of installing gates, alarm signals or other approved 
 safety devices. If the work is done and material furnished by the 
 railroad, an itemized statement of the total amount expended 
 therefor shall, at the completion of the work, be furnished the 
 State Highway Commission, and the commission shall pay such 
 amount to the railroad as may be shown on said statement 
 after deducting the amount for which the railroad is responsible; 
 and if the work is done by the State Highway Commission, an 
 itemized statement of the total amount expended shall be 
 furnished to the railroad and the railroad shall pay to the 
 State Highway Commission such part thereof as the railroad 
 may be responsible for as herein provided, such payment by 
 the railroad shall be under such rules and regulations and by 
 such method as the State Highway Commission may provide. 
 
 Whenever, in the judgment of the State Highway Commission, 
 a grade crossing shall be abolished by the construction either 
 of an underpass or an overpass, or the erection of safety devices, 
 if the work is to be done by the railroad, or railroads, as herein 
 provided, the said commission shall give the railroad, or rail¬ 
 roads, notice of its determination in this regard, and direct it 
 or them to commence work upon such underpass or overpass, 
 or device, within a period to be fixed in such notice, and if such 
 work is not commenced in the period specified in the notice, the 
 State Highway Commission is authorized and empowered to 
 carry such highway under or over the tracks of said railroad 
 or to provide gates, alarm signals or other approved safety 
 devices, rendering to the railroad, or railroads, an itemized 
 account of the cost thereof, and at the completion of the work 
 shall have a valid cause of action against such railroad, or 
 railroads, for the proportionate part thereof due by the railroad 
 as above provided: Provided, that the payment by such railroad 
 of said proportionate part may be made under such rules and 
 

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State Road Law 
 
 15 
 
 regulations and by such method as the State Highway Commis¬ 
 sion may provide. If the State Highway Commission shall 
 undertake to do the work, it shall not obstruct or impair the 
 operation of the railroad and shall keep the roadbed and tracks 
 safe for the operation of trains at every stage of the work. 
 
 (a) The jurisdiction over and control of grade crossings and Jurisdiction 
 safety devices upon the State highway system herein given the exclusive - 
 State Highway Commission shall be exclusive. 
 
 (&) Prom all decisions or determinations made by the State Appeal from deci- 
 Highway Commission, any party affected thereby shall be entitled commission, 
 to an appeal, and the procedure for such an appeal shall be the 
 same as provided in chapter twenty-one, Consolidated Statutes, 
 for appeals from decisions and determinations of the Corporation 
 Commission. 
 
 Maintenance, Upkeep, and Control 
 
 Sec. 20. In assuming control of the roads constituting the 
 State highway system, the commission shall assume as soon as 
 practicable the maintenance and upkeep of said roads, and shall 
 as soon as practicable organize a proper and sufficient patrol 
 force to keep said roads in good condition. In the event of failure 
 to maintain said roads in good condition, upon compaint of the 
 board of county commissioners, or road-governing body of any 
 county, the State Highway Commission shall at once investigate 
 such complaint, and if the same be well founded, then it shall at 
 once order the repair and maintenance of the road complained of, 
 and investigate the neglect of the person in charge of the road 
 so complained of, and, if upon investigation the person or persons 
 in charge of the road complained of be at fault, he may promptly 
 be discharged from the service of the commission. 
 
 Maintenance and 
 upkeep. 
 
 Patrol force. 
 
 Complaint by 
 county authori¬ 
 ties. 
 
 Investigation of 
 complaint. 
 
 Order for repair 
 and maintenance. 
 
 Investigation of 
 neglect. 
 
 Dismissal of delin¬ 
 quent employee. 
 
 Employment of Counsel 
 
 Sec. 21. The State Highway Commission may in its discretion Employment of 
 employ any attorney or attorneys to advise them for the purpose 
 of condemning land acquired by this act, making any contracts, 
 and do other legal work that the commission may believe neces¬ 
 sary for carrying out this act, and compensation for all such Compensation, 
 services shall be paid out of the State Highway Fund. 
 
 Sec. 22. The State Highway Commission is vested with the 
 power to acquire such rights of way and title to such land, gravel, Acquirement of 
 
 , , , , . , lands and deposits 
 
 gravel beds, or bars, sand beds or bars, rock, stone, boulders, G f mate rial. 
 quarries, or quarry beds, lime, or other earth or mineral deposits 
 or formations, and such standing timber as it may deem neces¬ 
 sary and suitable for road construction, maintenance, and repair, 
 and the necessary approaches and ways through, and a sufficient 
 amount of land surrounding and adjacent thereto, as it may de- 
 
16 
 
 State Road Law 
 
 Purchase, dona¬ 
 tion, or condemna¬ 
 tion. 
 
 Proviso: 
 
 Deposits of mate¬ 
 rial in actual use. 
 
 Land additional 
 to rights of way. 
 
 Power to con¬ 
 demn land, mate 
 rial, and timber. 
 
 Procedure. 
 
 General and 
 special benefits 
 considered as 
 offsets. 
 
 Entry prior to 
 condemnation and 
 payment. 
 
 Deposit 
 
 on appeals not 
 
 required. 
 
 Use of property 
 pending appeal. 
 
 Reports to 
 General Assembly. 
 Details of report. 
 
 termine to enable it to properly prosecute the work, either by pur¬ 
 chase, donation, or condemnation, in the manner hereinafter set 
 out: Provided, that the right of condemnation provided for in 
 this act shall not apply to gravel beds or bars, sand beds or bars, 
 rock, stone, boulders, quarries, or quarry beds, lime, or other 
 earth, or mineral deposits or formations, in actual bona fide 
 operation for commercial purposes by private enterprise. The 
 State Highway Commission is also vested with the power to 
 acquire such additional land alongside of the rights of way or 
 roads as in its opinion may be necessary and proper for the 
 protection of the roads and roadways, and such additional area 
 as may be necessary as by it determined for approaches to and 
 from such material and other requisite area as may be desired 
 by it for working purposes. 
 
 Whenever the State Highway Commission and the owner or 
 owners of the lands, materials, and timber required by the State 
 Highway Commission to carry on the work as herein provided 
 for, are unable to agree as to the price thereof, the State Highway 
 Commission is hereby vested with the power to condemn the 
 lands, materials, and timber, and in so doing the ways, means, 
 methods, and procedure of chapter thirty-three of the Consoli¬ 
 dated Statutes of North Carolina, entitled “Eminent Domain,” 
 shall be used by it as near as the same is suitable for the 
 purposes of this act. And in all instances the general and 
 special benefits shall be assessed as offsets against the damages: 
 Provided, that all actions for damages for rights of way or other 
 causes, shall be commenced within six months from the com¬ 
 pletion of each particular project. 
 
 In case condemnation shall become necessary the State High¬ 
 way Commission is authorized to enter the lands and take posses¬ 
 sion of the same, and also take possession of such materials and 
 timber as is required by it prior to bringing the proceeding for 
 condemnation, and prior to the payment of the money for the 
 said property. 
 
 In the event the owner or owners shall appeal from the report 
 of the commissioners, it shall not be necessary for the State High¬ 
 way Commission to deposit the money assessed with the clerk, 
 but it may proceed and use the property to be condemned until 
 the final determination of the action. 
 
 Reports to the State 
 
 Sec. 23. The Highway Commission shall, on or before the tenth 
 day of the convening of each regular session of the General 
 Assembly of North Carolina, make full printed, detailed report 
 to the General Assembly, showing the construction and mainte¬ 
 nance work and the cost of the same, receipts of license fees, and 
 disbursements of the commission, and such other data as may be 
 
State Road Law 
 
 17 
 
 of interest in connection with the work of the Highway Commis¬ 
 sion. A full account of each road project shall be kept by and Accounts of each 
 under the direction of the Highway Commission or its repre- project - 
 sentatives, to ascertain at any time the expenditures and the lia¬ 
 bilities against all projects; also records of contracts and force 
 account work. The account records, together with all supporting inspection of 
 documents, shall be open at all times to the inspection of the andTcume^ 3 ’ 
 Governor or road authorities of any county, or their authorized c °P ies to officials, 
 representatives, and copies thereof shall be furnished such 
 officials upon request. 
 
 Sec. 24. That the books and accounts of the Highway Commis¬ 
 sion shall be audited at least once a year by a certified public Annual audits, 
 accountant to be designated by the Auditor of the State, and Re P° rt of audit 
 tepoit of certified accountant shall be made a part of the accom- commission, 
 panying report of the State Highway Commission to the General 
 Assembly as herein provided. 
 
 Construction Districts 
 
 Sec. 25. That with the special view of an equitable distribution Nine construction 
 of the construction funds throughout all portions of the State, the dlstncts - 
 State shall be divided into nine (9) construction districts, the 
 same being designated and indicated on the map hereto attached 
 to this act, and work in each of the construction districts shall be Work in districts 
 started as simultaneously as practicable and continued so in each bimUjLdne0Ub * 
 district. The commission may change, reform, and relocate the Change of dis- 
 lines of said construction districts. 
 
 Apportionment of Funds to Construction Districts 
 Sec. 26. The State Highway Commission shall apportion among Ratio of appor- 
 
 . ... . tionment of road 
 
 the various construction districts as nearly as possible an equal construction fund. 
 
 amount of the construction fund on the basis of one-third in the 
 
 ratio of area of each district to the entire area of the State, one- 
 
 third in the ratio of population of the districts, as determined by 
 
 the last United States census, to the entire population of the 
 
 State, and one-third in the ratio of the State highway mileage of 
 
 the district in proportion to the total mileage of State highways. 
 
 Sec. 27. That for the purpose of carrying out the provisions Appropriation for 
 
 expenses of com- 
 
 of this act and provide for the maintenance and construction of mission. 
 
 the highways contemplated under this act from the funds derived 
 
 from the various taxes levied under this act, there shall first be 
 
 set aside the sum of two hundred and fifty thousand dollars ($250- 
 
 000) annually, or so much thereof as may be necessary to defray 
 
 the expenses of the State Highway Commission. From the Appropriation for 
 
 remainder of said taxes there shall then be set aside annually the 
 
 following, in order named: (a) a sum sufficient to pay the 
 
 interest upon the first fifty million dollars bonds issued under 
 
IS 
 
 State Road Law 
 
 Balance for 
 maintenance of 
 highways. 
 
 Surplus of admin¬ 
 istration and 
 interest funds to 
 maintenance and 
 construction fund. 
 
 Fund for securing 
 Federal aid. 
 
 Proviso: 
 Expense of col¬ 
 lecting funds. 
 
 Approval of 
 expenses. 
 
 Limit of amount. 
 
 Fees for registra¬ 
 tion and license 
 of vehicles. 
 
 Rates for auto 
 mobiles. 
 
 Automobiles for 
 hire. 
 
 Computation of 
 horsepower. 
 
 Vehicles operated 
 by steam or 
 electricity. 
 
 this act, (&) a sum sufficient to pay the interest upon any bonds 
 issued under this act in excess of fifty million dollars, and 
 (c) any interest or sinking fund payments now or hereafter 
 directed to he made therefrom by the General Assembly. The 
 remainder of such fund shall be used by the Highway Commis¬ 
 sion in the maintenance of the highways taken over under the 
 provision of this act, and to be adopted and designated by the 
 commission as State highways under the provisions of this act; 
 any part of the two hundred and fifty thousand dollars ($250,000) 
 set apart for the expenses of the commission, and any part of 
 the balance unexpended in the payment of interest on the bonds, 
 shall pass each year under the control of the Highway Commis¬ 
 sion and be used by it in the maintenance and construction of 
 the State system of highways herein provided for. All funds 
 derived from the taxes herein levied, or from the sale of the 
 bonds herein provided for, may be used by the commission in 
 meeting the requirements of the United States Government as to 
 Federal aid: Provided, that all necessary expenses of collecting 
 the said license or registration fees or other State highway funds 
 hereinafter provided for, including clerical assistance, the cost of 
 furnishing number plates and mailing same, and for such blanks, 
 books, and other supplies as cannot be furnished by the State 
 Printer, shall be paid for monthly by the Auditor from the 
 revenue derived from fees or taxes that are collected, said 
 expenses shall be approved by the Governor and Council of State, 
 and shall not in the aggregate exceed ten per cent of the total 
 amount collected by the Secretary of State under this act. 
 
 Registration, Licensing, and Permit Fees 
 
 Sec. 28. That the fees for the registration and licensing of 
 vehicles as herein required shall be according to the following 
 schedules: 
 
 Rates for Automobiles 
 
 24 h. p. or less .$12.50 per year 
 
 Over 24 h. p., and not more than 30 h. p. 20.00 per year 
 
 More than 30 h. p., and less than 35 h. p. 30.00 per year 
 
 35 h. p. or more . 40.00 per year 
 
 Motor vehicles used for the transportation of passengers for 
 hire shall pay fifty per cent more than the above rates. 
 
 Horsepower shall be computed according to the N. A. C. C. 
 formula of rating for all motor vehicles equipped with internal 
 combustion engines. On motor vehicles operated by steam or 
 electricity the horsepower rating shall be computed according to 
 the rating by the manufacturer of such vehicle. 
 
State Road Law 
 
 19 
 
 Rates foe Motor Trucks Rates for motor 
 
 trucks. 
 
 Trucks with carrying capacity less than 1,000 pounds.$ 12.50 
 
 1,000 pounds and under one ton. 15.00 
 
 One ton and under two tons. 25.00 
 
 Two tons and under three tons . 75.00 
 
 Three tons and under four tons. 200.00 
 
 Four tons and over. 300.00 
 
 On all trailers, $15 per ton carrying capacity. Trailers. 
 
 Motorcycles Motorcycles. 
 
 $5 on each motorcycle, and $5 for each motorcycle side-car. 
 
 Dealers in Motor Vehicles Dealers in motor 
 
 vehicles. 
 
 Registration fee and first five plates.$25.00 
 
 Each additional plate. 1.00 
 
 The fiscal year for the collection of automobile licenses shall Fiscal year, 
 terminate June thirtieth. The fee for licenses issued after Janu- Licenses between 
 ary first of each year, and before June thirtieth, for the period 3o J june! J and 
 ending June thirtieth, shall be one-half the annual fee. Schedule effective. 
 
 The foregoing schedule of license fees on motor vehicles shall 
 become effective July first, one thousand nine hundred and 
 twenty-one, and the present schedule of license fees shall remain 
 in force until said date. The fiscal year for the payment of said Beginning of 
 
 fiscal vG 2 ,r 
 
 license fees shall begin July first of each year. 
 
 Fees to Cover Licenses, Etc. 
 
 Sec. 29. The foregoing fees shall be paid to the Secretary of Fees paid to Secre- 
 
 „ , tary of State. 
 
 State at the time of issuance of said registration certificates, pei- 
 
 mits, or licenses. They shall include all costs of registration, items covered by 
 
 £06. 
 
 issuance of permits, licenses, and certificates, and the furnishing 
 
 of registration plates, and shall be in lieu of all other State or 
 local taxes (except ad valorem), registration, or license fees, 
 privilege taxes, or other charges: Provided, however, a county, Proviso: 
 
 . . . ,. £ Fee of county, 
 
 city, or town may charge a license or registration tee on motor city> or town 
 vehicles in the sum of one dollar ($1) per annum: Provided Proviso: 
 
 ^^0 £003 for 
 
 further, that no county, city, or town shall charge or collect an driver’s license, 
 additional fee for the privilege of operating a motor vehicle, 
 
 either as chauffeur’s or driver’s license: Provided, nothing herein 
 shall prevent the governing authorities of any city from legu- 
 lating, licensing, controlling of chauffeurs and drivers of any 
 such car or vehicle, and charging a reasonable fee: Provided 
 further, that any city or town may charge a license not to 
 exceed fifty dollars ($50) for any motor vehicle used in trans¬ 
 porting persons or property for hire in lieu of all other charges, 
 
 Proviso: 
 
 Cities may regu¬ 
 late, license and 
 control chauffers 
 and drivers and 
 charge fee. 
 
 Proviso: 
 
 City or town 
 license for auto¬ 
 mobiles for hire. 
 
 fees, and licenses now charged. 
 
20 
 
 State Road Law 
 
 Operating motor 
 vehicles without 
 license misde¬ 
 meanor. 
 Punishment. 
 Maximum weight. 
 
 Violation of sec¬ 
 tion misdemeanor. 
 
 State Highway 
 Fund. 
 
 Vouchers. 
 
 Definitions. 
 
 Motor vehicles. 
 
 Motor vehicle 
 fuels. 
 
 Dealer. 
 
 Dealers in motor 
 vehicle fuels to 
 make monthly 
 reports of pur¬ 
 chases and deliv¬ 
 eries. 
 
 Gallon tax on 
 purchases. 
 
 Violation a Misdemeanor 
 
 Sec. 30. Any person, firm, or corporation that shall operate 
 any motor vehicle upon any highway of the State, without license, 
 as is required under this act, shall be guilty of a misdemeanor 
 and fined or imprisoned in the discretion of the court. No motor 
 or other vehicle or trailer which has a greater rated weight of 
 both vehicle and load exceeding seven and one-half (T 1 /^) tons 
 shall go over or be operated upon any State highway. Any 
 person, firm, or corporation violating the provisions of this 
 section shall be guilty of a misdemeanor. 
 
 Sec. 31. For the purpose of carrying out the provisions of this 
 act the funds collected hereunder shall be kept by the State Treas¬ 
 urer in a separate fund to be known and designated as “State 
 Highway Fund,” and all moneys directed to be paid out under 
 this act shall be paid by the State Treasurer upon voucher issued 
 by the State Highway Commission, and charged to the State 
 Highway Fund. 
 
 Gasoline Tax 
 
 Sec. 32. The following words, terms, and phrases in this sec¬ 
 tion of this act for the purposes hereof are defined as follows: 
 
 (a) “Motor vehicles” shall include all vehicles, movable en¬ 
 gines, or machines which are operated or propelled by combustion 
 of gasoline, or other volatile and inflammable liquid fuels, and 
 are operated and used for travel on the public highways. 
 
 (b) “Motor vehicle fuels” are such fuels known as gasoline, 
 benzine, naptha, liberty fuel, and such other volatile and inflam¬ 
 mable liquids produced or compounded for the purpose of operat¬ 
 ing or propelling motor vehicles, except the product commonly 
 known as kerosene oil. 
 
 (c) The term “dealer” is hereby defined as any person or corpo¬ 
 ration who has in his, its, or their possession, for sale to the con¬ 
 sumer, any gasoline, benzine, naptha, liberty fuel, and such other 
 volatile or inflammable liquids produced or compounded for 
 operating or propelling motor vehicles as herein defined for use, 
 distribution or sale in the State. 
 
 Sec. 33. That in addition to the taxes now provided for by 
 law, each and every dealer, as defined in this act, who is now 
 engaged, or who may hereafter engage, in his own name or in 
 the name of others, or in the name of his representatives or 
 agents in this State, in the sale or distribution as dealers or 
 distributors of motor vehicle fuel as herein defined, shall not 
 later than the twentieth day of each calendar month, render a 
 statement to the Secretary of State, showing all motor vehicle 
 fuel purchased for sale and delivered during the preceding cal¬ 
 endar month, and pay a license tax of three cents per gallon on all 
 motor vehicle fuel so purchased as shown by such statement in 
 
State Road Law 
 
 21 
 
 the manner and within the time aforesaid: Provided , hoivever, Proviso: 
 that whenever any dealer or distributor of motor vehicle fuel wholesale dealer, 
 shall show to the satisfaction of the Secretary of State, by com¬ 
 plying with such rules and regulations as shall be made by the 
 Secretary of State for that purpose, that the tax hereby pro¬ 
 vided to be paid by the dealer or distributor of motor vehicle 
 fuel as aforesaid has been voluntarily paid by the wholesale 
 dealer, then and in that event the reports required by this 
 act to be made by such dealer or distributor, and by the whole¬ 
 sale dealer, shall not be required to be made, and the dealer 
 or distributor shall not be required to pay the tax hereby levied. 
 
 That every wholesale dealer selling any motor vehicle fuel in Wholesale dealers 
 the State shall render to the Secretary of State every thirty days monthly! SaleS 
 a statement of all the sales in the State, which statement shall 
 contain the name and business address of the dealer and the 
 date and amount of such sale. Any wholesale dealer willfully Failure a misde- 
 failing to comply with the provisions of this section shall be meanor - 
 guilty of a misdemeanor and fined or imprisoned in the discretion Punishment, 
 of the court. 
 
 Sec. 34. Every dealer in motor vehicle fuel shall render to the Monthly reports 
 
 Secretary of State, on or before the twentieth day of each month, saies. rchabeb and 
 
 on forms prescribed, prepared, and furnished by the Secretary of 
 
 State, a sworn statement of the number of gallons of motor 
 
 vehicle fuel purchased and sold to be used in motor vehicles as 
 
 herein defined by him or them during the preceding calendar 
 
 month, which statement shall be sworn to by one of the principal Report sworn. 
 
 officers in the case of a domestic corporation, or by the resident 
 
 general agent of a foreign corporation, by the managing agent or 
 
 owner in case of a firm or association, and shall contain an itemized accounts 
 
 • of purchases 
 
 itemized account of the dates and quantities of motor vehicle fuel 
 purchased. 
 
 Sec. 35. Said license tax shall be paid on or before the twen- Tax^pai^monthiy 
 tieth day of each month to the Secretary of State, who shall re- state, 
 ceipt the dealer therefor and promptly turn over to the state Secretary to ^ 
 Treasurer as other receipts of his office, and the State Treasurer credit to state 
 shall place the same to the credit of the “State Highway Fund,” Highway Fund. 
 
 to be expended as provided by this act. 
 
 Sec. 36. Every dealer in motor vehicle fuel shall keep a record Records^to^e^ 
 in such form as may be prescribed by the Secretary of State of all 
 purchases of motor vehicle fuel; such records to include copies of Details, 
 all invoices or bills of all such purchases, and shall at all times J^J r ^ ion of 
 during the business hours of the day be subject to inspection by 
 the Secretary of State or his deputies, or such other officers as 
 may be duly authorized by said Secretary of State. 
 
 Sec. 37. Any dealer, association of persons, firm, or corporation Vjolatum of act 
 
 violating any of the provisions of this act shall be guilty of a 
 misdemeanor, and upon conviction thereof shall be punished by a Punishment. 
 
22 
 
 State Road Law 
 
 Action for 
 recovery of tax. 
 
 Judgment if 
 failure willful. 
 
 Collections to 
 credit of Highway 
 Fund. 
 
 Remedies for col¬ 
 lection of tax. 
 
 fine not to exceed one hundred dollars ($100), or by Imprisonment 
 in the county jail for a period not to exceed six months, or both. 
 
 Sec. 38. If any person, firm, or corporation shall fail to pay 
 the tax on motor vehicle fuel, due by such person, firm, or corpo¬ 
 ration under the provisions of this act, within thirty (30) days 
 after such tax shall be due, the State Treasurer shall bring the 
 appropriate action in the courts of the State for the recovery of 
 such tax, and if it shall be found as a fact that such failure to 
 pay was willful on the part of such person, firm, or corporation, 
 judgment shall be rendered against such person, firm, or corpora¬ 
 tion for double the amount of the tax found to be due, together 
 with cost, and the amount collected shall be placed by the State 
 Treasurer to the “State Highway Fund/' All remedies now, or 
 which may hereafter be given by the laws of the State of North 
 Carolina for the collection of taxes, are expressly given herein 
 for the collection of the judgment recovered by the State Treas¬ 
 urer under this section. 
 
 Bond Issue foe Road Construction 
 
 Purposes of bond 
 issue. 
 
 Bond issue 
 directed. 
 
 Maturity. 
 
 Amount. 
 
 Official designa¬ 
 tion. 
 
 Maturity in series. 
 
 Amounts annually 
 issued. 
 
 Progress: 
 Additional sale 
 authorized by 
 Governor and 
 Council. 
 
 Sec. 39. That for the purpose of carrying out the provisions 
 of this act, and of enabling the State to avail itself to the fullest 
 extent of all Federal aid funds that are now or may become avail¬ 
 able for use in the State for road purposes, the State Treasurer is 
 hereby authorized, empowered, and directed to issue and sell 
 serial bonds of the State payable in not less than ten nor more 
 than forty years from the date of issue, and aggregating not more 
 than fifty million dollars ($50,000,000), to be known, styled, and 
 designated “State of North Carolina Highway Serial Bonds/' said 
 bonds to mature at such time or times, not less than ten years 
 nor more than forty years from the date of said bonds, as may 
 be determined and fixed by the Governor and Council of State. 
 Not more than ten million dollars ($10,000,000) of said bonds 
 may be issued and sold in the year one thousand nine hundred 
 and twenty-one; and not more than ten million dollars ($10,000,- 
 000) of said bonds may be issued and sold in the year one thou¬ 
 sand nine hundred and twenty-two; and the balance may be 
 issued and sold at the rate of ten million dollars ($10,000,000) 
 per annum: Provided, however, that if the progress of the work 
 shall be such as to justify it, then, and in that event, more 
 than ten million dollars ($10,000,000) of the total amount herein 
 authorized may be issued and sold in any one year at the 
 request of the State Highway Commission, and by and with 
 the consent of the Governor and Council of State. 
 
 An additional issue of fifteen million dollars ($15,000,000) 
 of bonds is hereby authorized. The said bonds shall be issued 
 in the manner and in accordance with the provisions of said 
 
State Road Law 
 
 23 
 
 ehaptei two of said act as amended, and the proceeds received 
 therefrom shall be used for the purposes in said act prescribed. 
 
 Sec. 40. That all of said bonds shall bear interest at a rate to interest, 
 be fixed by the Governor and Council of State, but not exceeding 
 five per cent per annum, and are to be dated the first day of Dates. 
 January or July, of the year in which the bonds are issued. 
 
 Interest on said bonds shall be payable semiannually on the interest semi- 
 first day of January and July of each and every year so long as annual - 
 any portion of said bonds shall remain unpaid; and when sold state Highway 
 and turned over to the State Treasurer all of said fund to be Fund - 
 part of the construction fund and known as the “State Highway 
 Fund.” 
 
 Sec. 41. That all bonds authorized and issued under this act Bonds coupon or 
 shall be coupon bonds of the denomination of one hundred dol- re sistered. 
 
 lars ($100), five hundred dollars ($500), and one thousand 
 dollars ($1,000), respectively, or such other denominations as 
 the State Treasurer may determine, and shall be signed by 
 the Governor and the State Treasurer, and sealed with the 
 great seal of the State. The coupons thereon may be signed by 
 the State Treasurer alone, or he may have lithographed, engraved, 
 or printed thereon a facsimile of his signature. The said bonds 
 shall be in all other respects in such form as the State Treasurer 
 may direct. The coupons after maturity shall be receivable in 
 payment of taxes, debts, dues, licenses, fines, and demands due 
 the State of any kind whatsoever, which shall be expressed on 
 the face of the bonds. Before selling the bonds herein authorized 
 to be issued, the State Treasurer shall advertise the sale and in¬ 
 vite sealed bids in such manner as in his judgment may seem 
 most effectual to secure the best price. He is authorized to ac¬ 
 cept bids for the entire amount of such issue to be sold in any 
 one year, or any portion thereof, and when the conditions are 
 equal, he shall give the preference of purchase to the citizens 
 of North Carolina; and he is empowered to sell the bonds herein 
 authorized in such manner as in his judgment will produce 
 the best price, but not for less than par and accrued interest, 
 and the full faith, credit, and taxing power of the State are 
 hereby pledged for the payment of the principal and interest 
 of the bonds herein authorized to be issued and sold. All ex¬ 
 penses necessarily incurred in the preparation and sale of the 
 bonds shall be paid from the proceeds of such sale. 
 
 Sec. 42. That the said bonds shall be subject to registration as 
 to principal alone, or both principal and interest, in accordance 
 with the provisions of the general law governing registration 
 of the State securities as the same may from time to time be 
 in force. 
 
 Sec. 43. The said bonds and coupons and notes issued in antici¬ 
 pation of the sale of the bonds, or for the payment of the interest 
 
 Denominations. 
 
 Authentication. 
 
 Coupons receiv¬ 
 able for State 
 taxes. 
 
 Advertisement of 
 sale of bonds. 
 
 Bids for whole 
 or part of issue. 
 
 Preference to 
 citizens. 
 
 Sale below par 
 forbidden. 
 
 Faith, credit, and 
 taxing power of 
 State pledged. 
 
 Expenses of 
 preparation and 
 sale of bonds. 
 
 Exemption from 
 taxation. 
 
24 
 
 State Road Law 
 
 Lawful investment 
 for fiduciaries. 
 
 Loans in antici¬ 
 pation of sale of 
 bonds. 
 
 Loans for pay¬ 
 ment of interest 
 and installments. 
 
 Execution of 
 notes. 
 
 Renewal. 
 
 Details fixed by 
 Governor and 
 Council. 
 
 Notes entitled to 
 exemptions as 
 bonds. 
 
 Faith, credit, and 
 taxing power of 
 State pledged. 
 
 Proceeds to credit 
 of Highway Fund. 
 
 Payment of notes 
 from bond sales. 
 
 Notes for payment 
 of interest. 
 
 Vouchers for pay¬ 
 ment from funds. 
 
 thereon, shall be exempt from all State, county, and municipal 
 taxation or assessments, direct or indirect, general or special, 
 whether imposed for the purposes of general revenue or other- 
 interest thereon, or installment or principal, be subject to taxation 
 for incomes, nor shall said bonds and coupons and notes issued 
 in anticipation of sale of the bonds, or for the payment of the 
 interest thereon, or installment or principal, be subject to taxation 
 when constituting a part of the surplus of any bank, trust com¬ 
 pany or other corporation. 
 
 Sec. 44. It shall be lawful for all executors, administrators, 
 guardians, and fiduciaries generally, and all sinking fund commis¬ 
 sioners to invest any moneys in their hands in said bonds when 
 such investments are made. 
 
 Sec. 45. The State Treasurer, by and with the consent of the 
 Governor and Council of State, is hereby authorized to borrow 
 money at the lowest rate of interest obtainable, in anticipation of 
 the sale of the bonds herein authorized, and for the purposes 
 for which said bonds are authorized to be issued. The State 
 Treasurer is hereby further authorized, by and with the consent 
 of the Governor and Council of State, to borrow money at the 
 lowest rate of interest obtainable, for the purpose of paying the 
 interest on, or any installments of the said bonds, in the event 
 that there are not sufficient funds in the State Treasury with 
 which to pay said interest or installments of principal as they 
 respectively fall due. The State Treasurer shall execute and 
 issue notes of the State for the money so borrowed, and he is 
 hereby authorized to renew any such notes from time to time 
 by issuing new notes. The rates of interest, the date of payment 
 of said notes or renewals, and all matters and details in con¬ 
 nection with the issuance and sale thereof shall be fixed and 
 determined by the Governor and Council of State. Such notes 
 when issued shall be entitled to all the privileges, immunities 
 and exemptions that the bonds authorized to be issued are 
 entitled to. The full faith, credit and taxing power of the State 
 are hereby pledged for the payment of such notes as may be 
 issued, and all interest thereon. The proceeds received from 
 said notes, other than notes that may be issued to pay interest 
 or installments of principal of the bonds, shall be placed by the 
 State Treasurer in the “State Highway Fund” herein provided 
 for. The notes issued in anticipation of the sale of the bonds 
 shall be paid with funds derived from the sale of bonds, unless 
 otherwise provided for by the General Assembly. The notes 
 issued for the payment of interest shall be paid from the funds 
 collected under this act, as herein provided for, when collected, 
 unless otherwise provided for by the General Assembly. 
 
 Sec. 46. The State Highway Commission, under rules and reg¬ 
 ulations established by the commission, shall have full control 
 
State Road Law 
 
 25 
 
 over the funds in the hands of the State Treasurer known as 
 the “State Highway Fund,” and the same shall be paid out by 
 the State Treasurer upon proper voucher of the State Highway 
 Commission for carrying out the purposes of this act. 
 
 Law to be Published 
 
 Sec. 47. That the State Highway Commission, as soon as prac- Compilation of 
 ticable after the ratification of this act, shall have carefully com- pubPshld.* 0 be 
 piled the road laws of this State relating to the State highway 
 system, and shall have published not exceeding 10,000 copies of 
 said compilation to be distributed by said commission, the cost 
 thereof to be paid out of the State Highway Fund. 
 
 Sec. 48. All contracts or agreements heretofore made or en- Contracts 
 tered into by the existing Highway Commission as to location heretofor e made, 
 and construction of any roads or highways, or for any other 
 purpose, shall be and remain in full force and effect and taken 
 over by the Highway Commission provided for in this act, and 
 all contractors who have entered into any contract with the 
 existing Highway Commission, whether private or municipal, 
 shall carry out such contracts so made and all rights and 
 remedies existing under such contracts by the present Highway 
 Commission or any contractor shall remain in full force and 
 effect. 
 
 Malfeasance a Felony 
 
 Sec. 49. Any member of the Highway Commission, or any per- Acts declared 
 son employed by the Highway Commission in connection with felonies - 
 carrying on the work outlined in this act, who shall knowingly, 
 of fraudently, perform any act with intent to injure the State, or 
 any contractor, or his agent or employee, who shall conspire with 
 a member of the Highway Commission or employee thereof or any 
 State official to permit a violation of the contract or contractor 
 with intent to injure the State, or any agent or employee of any 
 contractor who shall do any work on any State highway in viola¬ 
 tion of contract, and with intent to defraud the State, and the 
 member of the State Highway Commission employee or State 
 official so conspiring shall each be guilty of a felony, and upon con¬ 
 viction thereof, shall be confined in the State Prison not less than Punishment, 
 one year and not more than five years, and be liable to the State in 
 
 a civil action instituted by the State on relation of the State Liablity in civil 
 
 actions. 
 
 Highway Commission, for double the amount the State may have 
 lost by reason thereof. 
 
 Sec. 50. The board of county commissioners or other road- 
 governing bodies of the various counties in the State are hereby 
 relieved of all responsibility or liability for the upkeep or main- Responsibility of 
 tenance of any of the roads or bridges thereon constituting the countles devolved. 
 State highway system, after the same shall have been taken over, 
 
26 
 
 State Road Law 
 
 Liability of State 
 Highway Commis¬ 
 sion. 
 
 Declaration of un¬ 
 constitutionality 
 of part of act not 
 to affect re¬ 
 mainder. 
 
 Repealing clause. 
 Law excepted 
 from repeal. 
 
 Continuation of 
 present commis¬ 
 sion. 
 
 Further action 
 authorized. 
 
 Contracts to be 
 taken over. 
 
 When act effec¬ 
 tive. 
 
 and the control thereof assumed by the State Highway Commis¬ 
 sion, and the State Highway Commission both as a commission and 
 the individual members thereof, shall not be liable for any damage 
 sustained by any person, firm, or corporation on the said State 
 highway system, except for wanton and corrupt negligence. 
 
 Sec. 51. That if any provision of this act shall be declared by 
 the courts unconstitutional, such declaration shall not affect the 
 validity of any of the remaining provisions of this act. 
 
 Sec. 52. All laws and clauses of laws in conflict with the pro¬ 
 visions of this act, except chapter 64 of the Public Laws of the 
 Extra Session of the General Assembly of nineteen twenty, are to 
 the extent of such conflict hereby repealed. 
 
 Sec. 53. Until the organization of the State Highway Commis¬ 
 sion provided for in this act the present existing State Highway 
 Commission shall continue in effect and be authorized to act pur¬ 
 suant to chapter 189, Public Laws of nineteen nineteen and all 
 other laws in force at this time relating to the State Highway 
 Commission, and to enter into contracts, which, together with all 
 existing contracts, shall be taken over by the State Highway Com¬ 
 mission created by this act, and in all other respects this act shall 
 be in force from and after the date of its ratification. 
 
 Ratified this the 5th day of March, A. D. 1923. 
 
An act to require every person driving any motor ve¬ 
 hicle on a public highway on approaching railroad 
 grade crossings to stop, look, and listen before 
 passing thereover. 
 
 The General Assembly of North Carolina do enact: 
 
 Section 1. That no person operating any motor vehicle upon 
 a public road shall cross, or attempt to cross, any railroad or 
 interurban track intersecting the road at grade other than a 
 crossing at which there is a gate or a watchman (except an 
 electric railway track in a city, town, or village) without first 
 bringing said motor vehicle to a full stop at a distance not 
 exceeding fifty (50) feet from the nearest rail. That no failure 
 so to stop, however, shall be considered contributory negligence 
 per se in any action against the railroad or interurban company 
 for injury to person or property; but the facts relating to such 
 failure to stop may be considered with the other facts in the case 
 in determining whether the plaintiff was guilty of contributory 
 negligence. 
 
 Sec. 2. That every railroad or interurban company operating 
 or leasing any track intersecting a public road at grade shall 
 place a sign-board not less than ten feet from the ground, on the 
 right side of the road, forty inches by fifty inches, one hundred 
 feet from said crossing, which shall be painted with red lettering, 
 to insure warning of the proximity of the crossing and notice 
 to stop said motor vehicle, with the following: “N. C. Law. 
 Stop!”: Provided, this act shall not interfere with the regula¬ 
 tions prescribed by towns and cities. 
 
 Sec. 3. That any person violating the provisions of this act 
 shall be guilty of a misdemeanor, and upon conviction shall be 
 fined not more than ten dollars, or imprisoned not more than 
 ten days, or both, in the discretion of the court. 
 
 Sec. 4. That this act shall be in force from and after the 
 first day of July, one thousand nine hundred and twenty-three. 
 
 In the General Assembly, read three times and ratified this 
 the 6th day of March, 1923. 
 
 (Signed) W. B. Cooper, 
 
 President of the Senate. 
 
 (Signed) John G. Dawson, 
 Speaker of the House of Representatives. 
 
 Examined and found correct: 
 
 (Signed) W. R. Vaughan, 
 
 For Committee. 
 

 
 
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