A BILL TO BE ENTITLED
AN ACT to regulate the sales and operations of all‑terrain vehicles.
The General Assembly of North Carolina enacts:
SECTION 1.  G.S. 20‑4.01 reads as rewritten:
"§ 20‑4.01.  Definitions.
Unless the context requires otherwise, the following definitions apply throughout this Chapter to the defined words and phrases and their cognates:
(1a)	Alcohol. – Any substance containing any form of alcohol, including ethanol, methanol, propanol, and isopropanol.
(1b)	Alcohol Concentration. – The concentration of alcohol in a person, expressed either as:
a.	Grams of alcohol per 100 milliliters of blood; or
b.	Grams of alcohol per 210 liters of breath.
The results of a defendant's alcohol concentration determined by a chemical analysis of the defendant's breath or blood shall be reported to the hundredths. Any result between hundredths shall be reported to the next lower hundredth.
(1c)	All‑Terrain Vehicle or ATV. – A motorized off‑highway vehicle designed to travel on three or four low‑pressure tires, having a seat designed to be straddled by the operator and handlebars for steering control.
(1d)	Business District. – The territory prescribed as such by ordinance of the Board of Transportation.
…"
SECTION 2.  Article 3 of Chapter 20 is amended by adding a new Part to read:
"Part 10C. Operation of All‑Terrain Vehicles.
"§ 20‑171.10.  Age restrictions.
(a)	No person less than 12 years of age shall operate an all‑terrain vehicle.
(b)	All‑terrain vehicles with engine capacity up to and including 90 cubic centimeter displacement shall be operated only by persons 12 years of age or older.
(c)	All‑terrain vehicles with engine capacity greater than 90 cubic centimeter displacement shall be operated only by persons 16 years of age or older.
(d)	All persons under the age of 16 shall be under the continuous visual supervision of a person 18 years of age or older while operating an all‑terrain vehicle.
"§ 20‑171.11.  Passengers.
No operator of an all‑terrain vehicle shall carry a passenger, except on those vehicles specifically designed by the manufacturer to carry passengers in addition to the operator.
"§ 20‑171.12.  Prohibited acts by sellers.
No person shall knowingly sell or offer to sell an all‑terrain vehicle:
(1)	For use by a person under the age of  12 years.
(2)	With an engine capacity of greater than 90 cubic centimeter displacement for use by a person less than 16 years of age.
"§ 20‑171.13.  Equipment requirements.
Every all‑terrain vehicle sold, offered for sale, or operated in this State shall meet the following equipment standards:
(1)	It shall be equipped with a brake system maintained in good operating condition.
(2)	It shall be equipped with an effective muffler system maintained in good working condition.
(3)	It shall be equipped with a United States Forest Service qualified spark arrester maintained in good working condition. 
"§ 20‑171.14.  Prohibited acts by owners and operators.
(a)	No person shall operate an all‑terrain vehicle unless the person wears eye protection and a safety helmet meeting United States Department of Transportation standards for motorcycle helmets.
(b)	No owner shall authorize an all‑terrain vehicle to be operated contrary to this Part.
(c)	No person shall operate an all‑terrain vehicle while under the influence of alcohol, any controlled substance, or a prescription or nonprescription drug that impairs vision or motor coordination.
(d)	No person shall operate an all‑terrain vehicle in a careless or reckless manner so as to endanger or cause injury or damage to any person or property.
(e)	Except as otherwise permitted by law, no person shall operate an all‑terrain vehicle on any public street, road, or highway except for purposes of crossing that street, road, or highway.
(f)	Except as otherwise permitted by law, no person shall operate an all‑terrain vehicle at anytime on an interstate or limited‑access highway.
(g)	No person shall operate an all‑terrain vehicle during the hours of darkness, from one‑half hour after sunset to one‑half hour before sunrise and at anytime when visibility is reduced due to insufficient light or atmospheric conditions, without displaying a lighted headlamp and taillamp, unless the use of lights is prohibited by other applicable laws. 
"§ 20‑171.15.  Safety training and certificate.
Effective October 1, 2006, every all‑terrain vehicle operator born on or after January 1, 1990, shall possess a safety certificate indicating successful completion of an all‑terrain vehicle safety course sponsored or approved by the All‑Terrain Vehicle Safety Institute. 
"§ 20‑171.16.  Penalties.
(a)	Any person violating the provisions of G.S. 20‑171.10, 20‑171.12, or 20‑171.14(e) or (f) shall be guilty of a Class 2 misdemeanor.
(b)	Any person violating any other provision of this Part shall be responsible for an infraction and may be subject to a fine of not more than two hundred dollars ($200.00)."
SECTION 3.  This act becomes effective October 1, 2005.