GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1993

H	1 

HOUSE BILL 1006

Short Title:  All-Terrain Vehicles.	(Public)
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Sponsors: Representative Smith.
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Referred to:  Transportation.
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April 19, 1993

A BILL TO BE ENTITLED
AN ACT TO REGULATE ALL-TERRAIN VEHICLES.
The General Assembly of North Carolina enacts:
Section 1.  Chapter 20 of the General Statutes is amended by adding a new Article to read:
"ARTICLE 7B.
"All-Terrain Vehicles.
"§ 20-219.30.  Short title.
This Article shall be known and may be cited as the 'All-Terrain Vehicle Regulation Act'.
"§ 20-219.31.  Definitions.
(1)	'All-terrain vehicle' means any motorized off-highway vehicle 50 inches (1,270 mm) or less in width, having a dry weight of 600 pounds (273 kg) or less, traveling on three or more low-pressure tires having a seat or saddle designed to be straddled by the operator or a flat bench seat and handlebars or steering wheel for steering control, and such other off-highway vehicles as may be designated by the department.
(2)	'Dealer' means any person engaged in the business of selling, leasing, or renting all-terrain vehicles at retail, at a regular place of business.
"§ 20-219.32.  Requirements of dealers to distribute safety information.
Dealers shall distribute information to all-terrain vehicle purchasers on State laws, safety requirements, training programs, operating characteristics, and potential risk of injury associated with all-terrain vehicles, as is herein authorized to be prescribed by the Commissioner.
"§ 20-219.33.  Prohibition against all-terrain vehicle operation by persons under 16 years of age.
No person under 16 years of age shall operate an all-terrain vehicle anywhere in this State, at any time or under any circumstances.
"§ 20-219.34.  Licensing requirement.
(a)	No person 16 years of age or older shall operate an all-terrain vehicle on any highway or in any public vehicular area of this State unless the person holds an all-terrain vehicle endorsement issued by this State; provided, however, that no operator's license or endorsement is required when the person is operating the vehicle as part of a prescribed vehicle safety education, training, and skills demonstration program and is under the direct supervision of a certified all-terrain vehicle safety instructor.
(b)	A current operator's license is required to be eligible for an all-terrain endorsement.  To obtain an all-terrain vehicle endorsement, a person must demonstrate competence to operate an all-terrain vehicle by passing an operators test and a written or oral test concerning all-terrain vehicles and must pay the fee for all-terrain vehicle endorsement.
"§ 20-219.35.  Operation on highways prohibited.
(a)	Except as provided in this section, an all-terrain vehicle shall not be driven or operated on any highway, or the right-of-way appurtenant thereto, of this State.
(b)	The crossing of a highway is permitted only if:
(1)	The all-terrain vehicle is driven or moved upon a highway only for the purpose of crossing from one property to another and the crossing is made at an angle of approximately 90 degrees to the direction of the highway and at a place where no obstruction prevents a quick and safe crossing;
(2)	The vehicle is brought to a complete stop before crossing the shoulder or main traveled way of the highway;
(3)	The operator yields the right-of-way to all oncoming traffic that constitutes an immediate potential hazard;
(4)	In crossing a divided highway, the crossing is made only at an intersection of the highway with another public street, road, or highway; and
(5)	Both the headlight and taillight are on when the crossing is made, if the all-terrain vehicle is equipped with a headlight and a taillight.
(c)	The crossing of any interstate or limited access highway is not permitted.
"§ 20-219.36.  Helmet and eye protection required.
No person shall operate, ride, or be otherwise propelled on an all-terrain vehicle within this State unless the person wears a safety helmet meeting United States Department of Transportation standards for motorcycle helmets and eye protection meeting same Department standards.
"§ 20-219.37.  Spark arrester.
Every all-terrain vehicle must be equipped with a United States Forest Service qualified spark arrester.
"§ 20-219.38.  Responsibility of owner.
No owner shall authorize or permit an all-terrain vehicle to be operated contrary to this Article.
"§ 20-219.39.  Rule making.
The Commissioner is authorized to adopt rules for the carrying out of this Article and is hereby vested with the power and is charged with the duty of administering and enforcing the provisions of this Article.  The Commissioner may perform other such acts and exercise such other powers and duties as are authorized by this Article.
"§ 20-219.40.  Civil penalties.
Any person who violates any section of this act other than G.S. 20-219.3(a)	shall be subject to a civil penalty not to exceed two hundred dollars ($200.00) for each such violation.
"§ 20-219.41.  Nonapplication to certain motorized vehicles.
This Article shall have no application to G.S. 20-175.5."
Sec. 2.  This act becomes effective January 1, 1994.