Updated:
Nov 30, 2005
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New ATV Law Set to Take Effect Dec. 1

BY MATTHEW MORIARTY: Staff Writer

North Carolina’s days of entirely unregulated all-terrain vehicle (ATV) operation are about to end.

A new law regulating the use of the vehicles goes into effect Thursday.

The new law prohibits children under the age of 8 from operating ATVs of any kind, and there are restrictions on the engine size on ATVs that children ages 8 to 11 can operate.

Children ages 12 to 15 also would have a limit on the engine size that they can operate.

The law also requires that riders wear helmets and that the ATVs have brake lights. It also requires new owners to take a safety course.

Families whose children already own ATVs that the law would make illegal for them to operate are exempt, provided the ATV was purchased prior to Aug. 15.

It is up to the parents to make sure their children adhere to the new law. If children are caught illegally operating an ATV, the parents may be fined up to $200.

Hunters and farmers are exempt from the new rules.

“The whole effort of this bill is to prevent serious injuries and death among children who ride ATVs,” said Sen. Bill Purcell, a Laurinburg Democrat who sponsored the bill. He is a retired pediatrician.

The General Assembly passed the bill Aug. 8. North Carolina was one of five states in the country to have no regulations on the vehicles.

Purcell championed the bill after the North Carolina Child Fatality Task Force recommended that the state adopt a law to protect child riders.

Three Moore County children were injured when two ATVs struck head-on along the side of Airport Road in Whispering Pines in February.

One man died in the accident that occurred after the riders had been fleeing police. It was night, and both vehicles had their headlights turned off, according to police reports.

There have been three ATV fatalities in Moore County in the last two years. In April of 2004, an Eastwood man died when he was riding in the woods at night. His ATV flipped over.

The third fatality occurred two days after the General Assembly passed the bill. A Cameron man died when the ATV he was riding struck the rear of another along Stanton Hill Road.

As ATVs have increased in popularity, so have the number of accidents associated with the vehicles. Last year there were 34 ATV-related deaths in the state.

“I’ve heard the number of kids killed on ATVs increased in the past year,” Purcell said.

Children under the age of 16 make up 14 percent of ATV riders, according to the U.S. Consumer Product Safety Commission, but they account for a third of the total deaths. Eleven children died in North Carolina last year as the result of ATV accidents.

Purcell originally pushed for an age limit of 12, while lobbyists for the ATV industry wanted the age limit set at 6. The legislature eventually compromised to set the age limit at 8.

In the past, states that passed such laws have seen a decrease in ATV fatalities the following year.

Purcell said: “It’s clearly shown that states that do have ATV laws have less fatalities.”

Matthew Moriarty may be reached at 693-2479 or by e-mail at moriarty@thepilot.com.

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