ATV Law Highlights

In 2004 34 people were killed in ATV-related accidents in North Carolina. A new law goes into effect December 1, 2005.

An ATV is defined in G.S. 20-4.01(1c) as: "A motorized off-highway vehicle designed to travel on 3 or 4 low pressure tires, having a seat designated to be straddled by the operator and handlebars for steering control."

- No child less than age 8 may operate an ATV.

- Children ages 8-11 may operate only ATVs with an engine displacement less than 70 cubic centimeters.

- Children ages 12-15 may operate only ATVs with engine displacement of 90 cubic centimeters or less.

- Children ages 8-15 may operate an ATV only under the continuous visual supervision of a person 18 years of age or older. (A child who is age 8 on or before August 15, 2005 may operate larger machines than those prescribed above, as long as there is evidence that the machine was purchased by a parent or guardian prior to August 15, 2005).

- This law does not apply to owner, operator or lessor, or renter or of a farm or ranch or that person's employees or immediate family or household members, when operating an ATV whole engaged in farming operations. It also does not apply to any person using an ATV for hunting or trapping purposes is otherwise lawfully engaged in those activities.

- The ATV operator may not be under the influence

- The ATV is not authorized for use ½ hr after sunset to ½ hr before sunrise or when visibility reduced without headlights & tail lamps.

- No operator may carry a passenger, except on machines specifically designed to do so.

- Operators must wear helmets and eye protection.

- ATVs may not be operated on public streets, roads or highways, except for purposes of crossing.

- Effective October 1, 2006, every all-terrain operator born on or after January 1, 1990 must posses a safety certificate indicating successful completion of an ATV safety course sponsored or approved by the All-Terrain Safety Institute.

- Any violation of the provisions of the law is an infraction subject to a fine of not more than $200.