AN ACT to require driver instruction on the emergency notification systemS for railroad train emergencies AND TO CREATE A CRIMINAL OFFENSE FOR THE MISUSE OF THE EMERGENCY NOTIFICATION SYSTEMS.

The General Assembly of North Carolina enacts:

SECTION 1.  G.S. 20‑88.1(d) reads as rewritten:

(d)      The Division shall prepare a driver license handbook that explains the traffic laws of the State and shall periodically revise the handbook to reflect changes in these laws. The Division, in consultation with the State Highway Patrol, the North Carolina Sheriff's Association, and the North Carolina Association of Chiefs of Police, shall include in the driver license handbook a The driver license handbook shall include at least the following information:

(1)        A description of law enforcement procedures during traffic stops and the actions that a motorist should take during a traffic stop, including appropriate interactions with law enforcement officers. officers, developed by the Division in consultation with the State Highway Patrol, the North Carolina Sheriffs' Association, and the North Carolina Association of Chiefs of Police.

(2)        A section on Emergency Notification Systems (ENS) for telephonic reporting of unsafe conditions at highway‑rail and pathway grade crossings. The section shall alert the public that highway‑rail and pathway grade crossings have unique United States Department of Transportation National Crossing Inventory numbers and a posted telephone number to contact the dispatching railroad in accordance with 49 C.F.R. Part 234. The handbook shall advise the public to call the telephone number if an emergency condition exists at the highway‑rail or pathway grade crossing, including the following:

a.         If there is an unsafe condition at highway‑rail and pathway grade crossings.

b.         If the highway‑rail or pathway grade crossing is obstructed.

c.         If the highway‑rail or pathway grade crossing warning devices, if present, are malfunctioning.

d.         If the ENS sign is discovered to be missing, damaged, or in any other way unusable.

At the request of the Department of Public Instruction, the Division shall provide free copies of the handbook to that Department for use in the program of driver education offered at public high schools.

SECTION 2.  G.S. 115C‑215(b) reads as rewritten:

(b)      The driver education curriculum shall include the following:

(1)        Instruction on the rights and privileges of the handicapped and the signs and symbols used to assist the handicapped relative to motor vehicles, including the international symbol of accessibility and other symbols and devices as provided in Article 2A of Chapter 20 of the General Statutes.

(2)        At least six hours of instruction on the offense of driving while impaired and related subjects.

(3)        At least six hours of actual driving experience. To the extent practicable, this experience may include at least one hour of instruction on the techniques of defensive driving.

(4)        At least one hour of motorcycle safety awareness training.

(5)        Instruction on law enforcement procedures for traffic stops that is developed in consultation with the State Highway Patrol, the North Carolina Sheriff's Association, and the North Carolina Association of Chiefs of Police. The instruction shall provide a description of the actions that a motorist should take during a traffic stop, including appropriate interactions with law enforcement officers.

(6)        Instruction on the Emergency Notification Systems (ENS) for telephonic reporting of unsafe conditions at highway‑rail and pathway grade crossings. Instruction shall include that highway‑rail and pathway grade crossings have unique United States Department of Transportation National Crossing Inventory numbers and a posted telephone number to contact the dispatching railroad in accordance with 49 C.F.R. Part 234. Instruction shall also include information on when to call the telephone number if an emergency condition exists at the highway‑rail or pathway grade crossing, including the following:

a.         If there is an unsafe condition at highway‑rail and pathway grade crossings.

b.         If the highway‑rail or pathway grade crossing is obstructed.

c.         If the highway‑rail or pathway grade crossing warning devices, if present, are malfunctioning.

d.         If the ENS sign is discovered to be missing, damaged, or in any other way unusable.

SECTION 3.  Article 19 of Chapter 14 of the General Statutes is amended by adding a new section to read:

§ 14‑111.5.  Misuse of the Emergency Notification Systems (ENS) for telephonic reporting of unsafe conditions at highway‑rail and pathway grade crossings.

It is unlawful for an individual who is not reporting unsafe conditions at highway‑rail or pathway grade crossings, is not providing ENS services, or is not responding to reports made through ENS, as defined at 49 C.F.R. § 234.301, to call, attempt to call, access, or attempt to access ENS for purposes other than emergency communications. A person who knowingly violates this section commits a Class 1 misdemeanor.

SECTION 4.  Section 1 of this act becomes effective January 1, 2022. Section 3 of this act becomes effective December 1, 2021, and applies to offenses committed on or after that date. The remainder of this act is effective when it becomes law and applies beginning with the 2021‑2022 school year.