Senate Bill 189, which introduced safety regulations for the operation of all-terrain vehicles in North Carolina for the first time, was enacted during the 2005 session of the NC General Assembly and went into effect on December 1, 2005. According to Action For Children North Carolina, formerly known as the NC Child Advocacy Institute (NCCAI), Session Law 2005-282, the NC ATV law, includes an array of safety provisions, including:

• 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*.
• *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.
• Children ages 8-15 may operate an ATV only under the continuous visual supervision of a person 18 years of age or older.
• No operator may carry a passenger, except on machines specifically designed to do so.
• Operators must wear DOT approved helmets and goggles.
• 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. The law does not apply to the operation of ATVs when used for farm purposes, or for hunting or trapping.

Information about ATV safety courses sponsored or approved by the All-Terrain Safety Institute can, as well as a variety of ATV safety tips, can be found at www.atvsafety.org.

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