GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2007

 

 

SESSION LAW 2007-433

HOUSE BILL 767

 

 

AN ACT TO ALLOW all law enforcement officers and ALL FIRE, RESCUE, AND EMERGENCY MEDICAL SERVICES PERSONNEL throughout the state TO USE ALL-TERRAIN VEHICLES ON SOME PUBLIC HIGHWAYS WHILE ACTING IN THE COURSE AND SCOPE OF THEIR DUTIES; to Allow certain MUNICIPAL and county employees currently authorized to use ALL-TERRAIN VEHICLES ON SOME PUBLIC HIGHWAYS WHILE ACTING IN THE COURSE AND SCOPE OF THEIR DUTIES to continue; to repeal local acts on the subject; AND TO mandate that atv safety courses be approved by the commissioner of insurance.

 

The General Assembly of North Carolina enacts:

 

SECTION 1.  Article 3 of Chapter 20 of the General Statutes is amended by adding a new section to read:

"§ 20-171.23.  Motorized all-terrain vehicles of law enforcement officers and fire, rescue, and emergency medical services permitted on certain highways.

(a)       Law enforcement officers acting in the course and scope of their duties may operate motorized all-terrain vehicles, as defined in G.S. 14-159.3(b) and owned or leased by the agency, or under the direct control of the incident commander, on: (i) public highways where the speed limit is 35 miles per hour or less; and (ii) nonfully controlled access highways with higher speeds for the purpose of traveling from a speed zone to an adjacent speed zone where the speed limit is 35 miles per hour or less.

(b)       Fire, rescue, and emergency medical services personnel acting in the course and scope of their duties may operate motorized all-terrain vehicles, as defined in G.S. 14-159.3(b) and owned or leased by fire, rescue, or emergency medical services departments, or under the direct control of the incident commander, on: (i) public highways where the speed limit is 35 miles per hour or less; and (ii) nonfully controlled access highways with higher speeds for the purpose of traveling from a speed zone to an adjacent speed zone where the speed limit is 35 miles per hour or less.

(c)       This Part and all other State laws governing the operation of all-terrain vehicles apply to the operation of all-terrain vehicles authorized by this section.

(d)       An all-terrain vehicle operated pursuant to this section shall be equipped with operable front and rear lights and a horn.

(e)       A person operating an all-terrain vehicle pursuant to this section shall observe posted speed limits and shall not exceed the manufacturer's recommended speed for the vehicle.

(f)        A person operating an all-terrain vehicle pursuant to this section shall carry an official identification card or badge."

SECTION 2.  Article 3 of Chapter 20 of the General Statutes is amended by adding a new section to read:

"§ 20-171.24.  Motorized all-terrain vehicle use by employees of listed municipalities and counties permitted on certain highways.

(a)       Municipal and county employees may operate motorized all-terrain vehicles, as defined in G.S. 14-159.3(b) and owned or leased by the agency, on: (i) public highways where the speed limit is 35 miles per hour or less; and (ii) nonfully controlled access highways with higher speeds for the purpose of traveling from a speed zone to an adjacent speed zone where the speed limit is 35 miles per hour or less.

(b)       This Part and all other State laws governing the operation of all-terrain vehicles apply to the operation of all-terrain vehicles authorized by this section.

(c)       An all-terrain vehicle operated pursuant to this section shall be equipped with operable front and rear lights and a horn.

(d)       A person operating an all-terrain vehicle pursuant to this section shall observe posted speed limits and shall not exceed the manufacturer's recommended speed for the vehicle.

(e)       A person operating an all-terrain vehicle pursuant to this section shall carry an official identification card or badge.

(f)        This section applies to the Towns of Ansonville, Atlantic Beach, Burgaw, Carolina Beach, Cramerton, Dallas, Davidson, Duck, Emerald Isle, Franklin, Indian Beach, Kill Devil Hills, Kitty Hawk, Kure Beach, Murphy, Nags Head, North Topsail Beach, Oakboro, Ocean Isle Beach, Pine Knoll Shores, Stanley, Surf City, Sylva, Topsail Beach, and Wrightsville Beach, the Cities of Albemarle, Belmont, Cherryville, Gastonia, Kings Mountain, Mount Holly, and Rockingham and the Counties of Cleveland, Currituck, Gaston, Surry, and Wilkes only."

SECTION 3.(a)  S.L. 2004-108, Section 1 of S.L. 2005-305, S.L. 2006-25, Sections 1 and 2 of S.L. 2006-116, Section 1 of S.L. 2006-166, Section 36 of S.L. 2006-264, and S.L. 2007-4 are repealed.

SECTION 3.(b)  G.S. 20-114.3 is repealed.

SECTION 4.  G.S. 20-171.20 reads as rewritten:

"§ 20-171.20.  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. Institute or by another all-terrain vehicle safety course approved by the Commissioner of Insurance. The North Carolina Community College System is authorized to provide all-terrain vehicle safety training, approved by the Commissioner, to persons less than 18 years of age."

SECTION 5.  This act becomes effective October 1, 2007.

In the General Assembly read three times and ratified this the 1st day of August, 2007.

 

 

                                                                    s/ Beverly E. Perdue

                                                                         President of the Senate

 

 

                                                                    s/ Joe Hackney

                                                                         Speaker of the House of Representatives

 

 

                                                                    s/ Michael F. Easley

                                                                         Governor

 

 

Approved 11:04 a.m. this 23rd day of August, 2007