ATV Industry Commends Passage of Comprehensive Safety Legislation

Irvine, Calif., August 22, 2005 – North Carolina Governor Michael F. Easley has signed into law a landmark ATV safety bill, HB 189, sponsored by Senator William R. Purcell. 

The Specialty Vehicle Institute of America (SVIA) worked closely with the North Carolina Child Fatality Task Force to help craft the legislation and advocate its passage.  We could not have gotten this legislation passed without the Task Force’s leadership.  SVIA also thanks the North Carolina Off-Highway Vehicle Riders Association and its president Nancy Minard for their steadfast support for the legislation throughout the legislative process.  The new law, which was signed by the Governor on August 18, 2005 and will take effect December 1, 2005.

SVIA commends the North Carolina legislature for passing this very comprehensive ATV safety legislation.  Kathy Van Kleeck, SVIA’s vice president, government relations, testified before a Senate Committee and provided comments to legislators.  “We are gratified that the legislature recognized the importance of ATV safety and look forward to working with the state to implement the safety education provisions.”

SVIA has developed Model State ATV Safety Legislation that has served as the basis for many existing state ATV safety laws, and all of the Model’s provisions were incorporated into the North Carolina legislation, with a few modifications.

Major provisions of the new law include:

• Prohibits parent or guardian from knowingly permitting a person:
    - Under age 8 to operate an ATV;
    - Under age 12 to operate an ATV of 70 cc or greater;
    - Under age 16 to operate an ATV over 90 cc;
    - Under age 16 to operate an ATV unless under continuous visual supervision of a person at least age 18.  
• The prohibitions on persons under age 12 operating an ATV of 70 cc or greater and under age 16 operating an ATV over 90 cc do not apply to any parent or guardian of a person born on or before August 15, 1997, who permits that person to operate an ATV and who establishes proof that the parent or guardian owned the ATV prior to August 15, 2005.  
• Prohibits the carrying of passengers unless the ATV was specifically designed by the manufacturer to carry passengers.  
• Prohibits a person from knowingly selling or offering to sell an ATV:
    - For use by a person under age 8.
    - 70 cc or more for use by a person under age 12.
    - Greater than 90 cc for use by a person under age 16.  
• Requires every ATV operator to wear eye protection and a helmet meeting U.S. DOT standards.  
• Prohibits ATV operation:
    - While under the influence of alcohol, any controlled substance, or a drug that impairs vision or motor coordination.
    - On any public street, road, or highway except to cross or at any time on an interstate or limited?access highway.
    - During the hours of darkness, without displaying a lighted headlamp and taillamp.  
• Effective October 1, 2006, requires every ATV operator born on or after January 1, 1990 to possess a safety certificate indicating successful completion of an ATV safety course sponsored or approved by the All?Terrain Vehicle Safety Institute.  
• Requires all ATVs sold or operated in the state to be equipped with a brake system, an effective muffler system and a U.S. Forest Service qualified spark arrester, all maintained in good working condition.  
• Sets penalties for violation.  
• Persons using ATVs for farming, hunting or trapping are exempt from the law's provisions.

With the enactment of this legislation, North Carolina goes from being one of only six states in the nation to have no ATV laws in place, to having among the most comprehensive, if not the most comprehensive, safety laws in the country.

The safe and responsible use of ATVs remains the top priority of the ATV industry, and the industry will continue to strongly advocate state ATV safety legislation along with education and parental supervision, as the most effective means for reducing ATV-related injuries and deaths caused by improper use of ATVs.  92% of ATV-related fatalities involve behaviors that the Industry warns against in its rider education programs, in all literature and on vehicle labels.  SB 189 prohibits all of these behaviors.