ATV Riding Laws – North Carolina

Chapter 14 of the North Carolina statutes governs the regulation of off-road vehicles in the state. These laws make provisions for the use of ATVs on private and public property.

North Carolina’s State Laws in Summary

Users of ATVs for agriculture and hunting are exempt from the provisions of the North Carolina statutes for these vehicles. The laws provide that:

ATVs may not use public streets, roads and highways unless for the purpose of crossing.
All ATV riders must wear a helmet and protective eyewear.
Unless designed to do so, an ATV is prohibited from carrying passengers.
During the hours of darkness, ATVs must operate with head and tail lights.
Children under the age of 8 are prohibited from riding an all-terrain vehicle.
Juveniles under 12 are restricted from operating an all-terrain vehicle with an engine capacity under 70 cubic centimeters.
A person under the age of 16 may only ride an all-terrain vehicle with an engine capacity under 90 cubic centimeters and be overseen by someone aged 18 or older.

North Carolina law states that all ATV riders born after January 1, 1990, must have completed a training course and be in possession of a safety certificate.

Operating Restrictions

Under the law, no one may ride an all-terrain vehicle on a public roadway without a helmet and protective eyewear that conforms to the standards of the Department of Transportation. If riders are younger than 18, they must also wear this protective equipment when riding an ATV off-road on public lands.

ATV riders are prohibited from operating the vehicle while intoxicated. Intoxication includes the influence of alcohol, illegal drugs or any prescription or non-prescription drugs that impair the driver’s faculties.

Other statutory provisions include prohibitions on:

Riding in a reckless fashion that would endanger or cause injury to others, or damage to property.
Riding an ATV on a public roadway, except for the express purpose of crossing that roadway.
Operating an ATV at any time on an interstate highway.
Riding a vehicle without displaying head and tail lights after sunset and through the hours of darkness.

Equipment Standards

Under the law, no ATV may be operated unless it meets the statutory equipment standards:

A brake system in good working condition.
An effective and well-maintained muffler.
A spark arrestor in satisfactory working condition and approved by the U.S. Forest Service.

Prohibitions on Sellers

The statutes forbid a seller from knowingly selling, or offering to sell, an ATV:

To a child younger than 8 years old.
With an engine capacity of 70cc or more to a child under 12 years.
With an engine capacity of more than 90cc to a child younger than 16.