AN ACT directing the division of motor vehicles of the department of transportation to establish a motorcycle road guard certification program and authorizing motorcycle road guard certificate holders to serve as traffic‑control officers.

The General Assembly of North Carolina enacts:

SECTION 1.  Article 3 of Chapter 20 of the General Statutes is amended by adding a new section to read:

§ 20‑114.2.  Motorcycle road guard certification.

(a)        The Division shall establish a motorcycle road guard certification program. This program shall do all of the following:

(1)        Establish qualifications for a person to obtain a motorcycle road guard certificate. These qualifications shall include all of the following requirements:

a.         The person is at least 18 years old.

b.         The person possesses a valid regular drivers license with a motorcycle endorsement.

c.         The person has completed a motorcycle road guard certification course.

(2)        Develop and offer a motorcycle road guard certification and certification refresher courses. This course shall include training related to serving as a traffic‑control officer pursuant to G.S. 20‑114.1.

(3)        Establish safety and equipment standards for a person who operates as a traffic‑control officer pursuant to a motorcycle road guard certificate, including any requirements established by G.S. 20‑114.1.

(4)        Establish procedures enabling police chiefs and sheriffs to ensure the validity of a person's motorcycle road guard certification.

(b)        A motorcycle road guard certificate shall expire after two years, and the Division shall require periodic refresher training for renewal of the certificate.

(c)        The Division is authorized to charge a fee for a motorcycle road guard certification and the motorcycle road guard certification course to offset the costs incurred in administering the motorcycle road guard certification program.

SECTION 2.  G.S. 20‑114.1 reads as rewritten:

§ 20‑114.1.  Willful failure to obey law‑enforcement or traffic‑control officer; firemen as traffic‑control officers; appointment, etc., of traffic‑control officers.

…

(c)        The chief of police of a local or county police department or the sheriff of any county is authorized to appoint a person who is at least 18 years old and who satisfies either of the training requirements listed in this subsection as a traffic‑control officers, who shall have attained the age of 18 years and who are hereby officer. A person appointed as a traffic‑control officer is authorized to direct, control, or regulate traffic within their the respective jurisdictions jurisdiction at times and places specifically designated in writing by the police chief or the sheriff. A traffic‑control officer, when exercising this authority, must be attired in a distinguishing uniform or jacket indicating that he the person is a traffic‑control officer and must possess a valid authorization card issued by the appointing police chief or sheriff who appointed him. sheriff. Unless an earlier expiration date is specified, an authorization card shall expire two years from the date of its issuance. In order to be appointed as a traffic‑control officer, a person shall have received at least three hours of training in directing, controlling, or regulating traffic under the supervision of a law‑enforcement officer. issuance and the expiration date shall appear on the authorization card. A traffic‑control officer shall be is subject to the rules and regulations of the respective local or county police department or sheriff's office as well as the lawful command of any other law‑enforcement officer. The appointing police chief or sheriff shall have has the right to revoke the appointment of any traffic‑control officer at any time with or without cause. The appointing police chief or sheriff shall not be held liable for any act or omission of a traffic‑control officer. A traffic‑control officer shall not be deemed to be an agent or employee of the respective local or county police department or of the sheriff's office, nor shall he the traffic‑control officer be considered a law‑enforcement officer except as provided herein. A traffic‑control officer shall not have nor and shall he not exercise the power of arrest. To be appointed as a traffic‑control officer pursuant to this subsection, a person must have completed either of the following:

(1)        At least three hours of training in directing, controlling, or regulating traffic under the supervision of a law‑enforcement officer.

(2)        A motorcycle road guard certification pursuant to G.S. 20‑114.2.

(d)       No police chief or sheriff who is authorized to appoint traffic‑control officers under subsection (c) of this section shall appoint any person to direct, control, or regulate traffic unless there is indemnity against liability of the traffic‑control officer for wrongful death, bodily injury, or property damage that is proximately caused by the negligence of the traffic‑control officer while acting within the scope of his duties as a traffic‑control officer. Such The indemnity policy shall not be cancelable within the authorization period and shall provide a minimum of twenty‑five thousand dollars ($25,000) for the death of or bodily injury to one person in any one accident, fifty thousand dollars ($50,000) for the death of or bodily injury to two or more persons in any one accident, and ten thousand dollars ($10,000) for injury to or destruction of property of others in any one accident. If the liability coverage required by this subsection is being provided by a person or entity other than the appointing law‑enforcement agency, the person seeking appointment as a traffic‑control officer must present proof of liability coverage meeting the requirements of this subsection before the appointing police chief or sheriff issues an authorization card to that person.

SECTION 3.  The Division of Motor Vehicles of the Department of Transportation shall adopt rules to implement this act.

SECTION 4.  This act becomes effective January 1, 2024.