Lawmakers examine ATV legislation

Associated Press ^ | 4/19/2005 9:22 PM | Not Credited

[cf_river_rat]

RALEIGH, N.C. -- Senate committee members wrestled with when it may be appropriate and safe for a child to operate an all-terrain vehicle as they took up legislation on Tuesday to regulate use of the machines.

(snip) The bill written by Sen. Bill Purcell, D-Scotland, and backed by the North Carolina Child Fatality Task Force would bar children under 12 years of age from operating an ATV. Children from 12 to 15 could only drive certain ATVs with engine capacities of up to 90 cubic centimeters.

(snip)The bill also would require all drivers to complete a safety course by October 2006. Anyone violating the law would be guilty of a misdemeanor punishable up to a $1,000 fine.

[cf_river_rat]

Text of NC Senate Bill 189

(1c) All Terrain Vehicle or ATV. – A motorized off highway vehicle designed to travel on three or four low pressure tires, having a seat designed to be straddled by the operator and handlebars for steering control.

§ 20-171.10. Age restrictions.
(a) No person less than 12 years of age shall operate an all terrain vehicle.

§ 20-171.14. Prohibited acts by owners and operators.
(a) No person shall operate an all terrain vehicle unless the person wears eye protection and a safety helmet meeting United States Department of Transportation standards for motorcycle helmets.
(c) No person shall operate an all terrain vehicle while under the influence of alcohol, any controlled substance, or a prescription or nonprescription drug that impairs vision or motor coordination.

§ 20-171.15. Safety training and certificate.
(b) On or before October 1, 2006, every all terrain operator shall possess the safety certificate required by subsection (a) of this section.

§ 20-171.16. Penalties.
(a) Any person violating the provisions of G.S. 20-171.10, 20-171.12, or 20-171.14(e) or (f) shall be guilty of a Class 2 misdemeanor and may be subject to a fine of not more than one thousand dollars ($1,000) for each violation.
(b) Any person violating any other provision of this Part shall be responsible for an infraction and may be subject to a fine of not more than two hundred dollars ($200.00)."

SECTION 3. This act becomes effective October 1, 2005.

[Blood of Tyrants]

More effing feel good crap from the liberals "for the cheelrun". Just how would they enforce this since ATV's are not street legal? Have cops watch fields from the road and then go onto private property to bust these dangerous criminals?

[Republicus2001]

Citizens clamp down on drunken legislators!!!

Drug testing for all lawmakers NOW!

[digger48]

Lots of kids hurt and killed on these, but compared to a swimming poll in the back yard?

That's what parents are supposed to be for.

[cf_river_rat]

So if I read this right I cannot buy this kid:

a four-wheeler until he's twelve? Gimme a break.

If I read this correctly he cannot ride a 50-cc ATV but he is more than welcome to climb on a 125cc two-stroke dirt bike capable of running 90-plus MPH?

[digger48]

My point is, keep the gubment out of it.

Teach the kids right. At some point, they'll have a buddy who has one so prepare them yourself.

[supercat]

So if I read this right I cannot buy this kid a four-wheeler until he's twelve? Gimme a break.

The kid is not straddling the seat in the vehicle shown.

[cf_river_rat]

Senate Committee OKs Bill To Bar Kids From Driving ATVs
The Senate Commerce Committee rejected an idea to allow children aged six to 12 to ride smaller versions of the vehicles.

Bill History

Bill primary sponsor: Senator William R. Purcell (Dem), District 25, represents Anson, Richmond, Scotland, Stanly counties
His Senate Office contact info:
625 Legislative Office Building, Raleigh, NC 27603-5925
(919) 733-5953
Williamp@ncleg.net
His district office contact info:
1301 Dunbar Drive, Laurinburg, NC 28352
(910) 276-7328

Find your NCGA rep here

Contact the Governor's Office
You may contact the Governor's Office by sending a letter to Governor Easley, by e-mailing the Governor's Office or by calling the Governor's Office at:
1-800-662-7952 (valid in North Carolina only), (919)733-4240, or (919)733-5811.
Fax: (919)715-3175 or (919)733-2120
The address for all correspondence is:
Governor Michael F. Easley
Office of the Governor
20301 Mail Service Center
Raleigh, NC 27699-0301

[cf_river_rat]

Hey could one of you hit the NC ping? Thanks.

NC CHILD FATALITY TASK FORCE Special Briefing on Senate Bill 189 To regulate sales and operation of ATVs to promote safety

[Tax-chick]

I'm a chicken with an insurance-industry background. ATV's and my kids don't cross paths until they're 18 (the kids, I mean) and outta here and off my insurance policy).

[cf_river_rat]

ATV's and my kids don't cross paths until they're 18

That's fine TC, but that's a personal choice. Just as car seats are used in vehicles, there are body armor, helmets, and goggles available for children. With the proper training and equipment off-roading is safe and enjoyable for kids and adults alike. The NC legislature seeks to CRIMINALIZE recreation that my family currently enjoys together safely and legally.

I've been riding various two, three, and four-wheeled off-road vehicles since I was 5 y.o. and don't want to be REQUIRED BY THE GOVT to take a rider course. If anything I would be qualified to TEACH such a course. My kids are getting instruction and supervision at home. I don't have a problem VOLUNTARILY taking them to a rider course, and I may even officially attend as a family activity.

The bigger issue here is loss of liberty and personal choices. Today it's ATVs, what's next? Please join me in vocally opposing the NC General Assembly on this issue.

[Alia]

NC *Ping*

Please FRmail Constitution Day OR TaxRelief OR Alia if you want to be added to or removed from this North Carolina ping list.

[TaxRelief]

Horses cause more deaths and injuries to kids than ATV's. Guess they'll have to ban horses next. (Jason Lewis, WBT)

[Tax-chick]

I'll be happy to write my rep. and the governor ... I think it's a dumb law, too :-).

[cf_river_rat]

Thanks for your support...this goes in the mail to my NC Senate rep today.

April 27, 2005

Senator Bob Atwater, District 18
522 Legislative Office Building
27603-5925


Senator Atwater;

This letter concerns NC Senate Bill 189, which was recently approved by the Senate Commerce Committee. My wife and I have four children less than twelve years of age. If passed in its current form S189 would criminalize a recreational activity currently enjoyed safely and legally by my family.

There are several ATV models available for legal purchase in NC that are limited to speeds of fifteen miles per hour. With the proper instruction and supervision I view these ATVs as safe for my children to ride, and I do not appreciate the Commerce Committee’s intrusion regarding an activity my children passionately enjoy.

Common sense dictates that the earlier a child learns any activity the more proficient that child will become. My children are currently being instructed in the proper use of ATVs and related safety equipment, and I do not wish to end this important and enjoyable education. That would be comparable to disallowing swimming lessons for fear a child may drown. Similar comparisons could be made for gymnastics, bicycling, etc.

Further, I have enjoyed riding two, three, and four-wheeled ATVs since 1975. I cannot understand how § 20-171.15. (b) could force me to attend a compulsory rider safety course which I would, if anything, be qualified to teach. There is no grandfather provision given for experienced riders in S189.

Since ATVs are not legal for use on public roads in NC, it is a safe assumption that enforcement of the provisions in S189 would be primarily enacted on private property. I hope you will join me in opposition to harassment of private citizens pursuing an enjoyable hobby on their own land.

In closing, I implore you to help stop passage of S189, which does more to limit the liberties of NC residents than it does to protect said residents. I do not wish to become a criminal for continuing a recreational activity I currently enjoy.

Sincerely,
XXXXXXXXX

[B4Ranch]

You should remind him that ranchers and farmers frquently send the kids out on ATV's to bring in the livestock or go and close a gate, etc.

[Servant of the 9]

This is preposterous.

These vehicles are not operated on public roads.
The qualifications of the drivers is None of the State's Damned Business.

So9

[NCSteve]

This bill was pulled from the floor on Friday, have you seen any press coverage of it?

[wolverinerider]

Hello river_rat,

Following is the text of a letter I just emailed to my representative Jimmy Jacumin, Burke County.


Senator Jacumin:

This letter concerns NC Senate Bill 189, which was recently approved by the Senate Commerce Committee. If it is passed in its current form, S189 would criminalize a recreational activity currently enjoyed safely and legally by me and my sons.

I have two boys, both of which have been riding with me on my ATV since they were 6 months old. My 7 year old son started riding a 50cc dirt bike when he was 5. After he became a proficient rider and outgrew that machine I bought an ATV for him to ride. The ATV is equipped with a throttle inhibitor and an electronic CDI device with which I can limit the speed to practically nothing if I wish.

He only rides with me following him on trails that are compatible with his skill level. He has never ridden anything without wearing motocross boots, knee guards, chest protector, helmet, goggles and gloves. I consider myself an expert rider having ridden these machines since I was 5. I am now 38. I have built a past time that my boys and I can share around ATV riding. They derive great pleasure riding the trails with me and I use this form of recreation to bond with them, teach them about the outdoors and teach them how to be responsible. My seven year old is a very good rider and will not attempt something that he is not confident he can do. I have instilled this in him and I see it reflected in other areas of his decision making.

My gripe is this: Who do the sponsors of this bill think they are that they can take it upon themselves to make this decision for me? These people have been spoon fed statistics that quote injuries and deaths attributed to ATV riding without seeing the truth. The truth is this: If every parent took as much time as I have and put as much effort into this sport as I have there would be no child related deaths due to ATV riding. Some parents buy their kids machines that are above their skill level, provide little or no education, supervision or training, provide no safety equipment, and have no experience on one themselves. This is a disaster waiting to happen. The example I use is the three kids that were involved in the incident in Wilkesboro recently. There were 3 kids ages 9, 5 and 2 on an ADULT sized ATV with no protective gear. There was a wreck and the two year old was killed. Where in the hell were the parents and what were they doing allowing 3 kids on an ATV at one time? Why would a parent let a two year old on an ATV driven by a 9 year old? If the keys had been in the car we would probably be reading about a car wreck.

I won't go into too much detail about the "mandatory safety course" that would be required for all riders but who in the hell is going to teach me anything about riding an ATV? Someone with 34 or more years of experience? I was riding the first ATCs and ATVs that came out!

I would like to know where you stand on this issue. I'm sure that thousands of my fellow ATVers in Burke county would also like to know. Please be so kind as to respond and let me know.

Thank you,

XXXXXX

Attention Burke County ATVers. Please contact senator Jacumin about this stupid bill. He has responded to me on previous issues. Also,please pass the word on to fellow ATVers so we don't lose our right to ride with our kids!!!!!!!

[cf_river_rat]

Hi wolverinerider, welcome to FR.

It looks like SB189 may have been amended and then passed today. I'm trying to find info about the amendment (#2) here:
http://www.ncleg.net/gascripts/BillLookUp/BillLookUp.pl?Session=2005&BillID=S189

It will go to the house next, where it will be referred to a committee. Some things I would like to see addressed before this thing is signed by G. Weasley:

1. Allow kids 6 to 12 to ride ATVs up to 90CC following manufacturer's size and weight guidelines. Allow kids 12-16 to ride ATVs larger than 90cc, again following mfgr's recommendations.(§ 20-171.10. Age restrictions)
2. Remove the helmet provision, at least for adults. (§ 20-171.14. Prohibited acts by owners and operators. (a) No person shall operate an all-terrain vehicle unless the person wears eye protection and a safety helmet meeting United States Department of Transportation standards for motorcycle helmets.)

If I want to ride to my mailbox without a helmet, I think it's my business.

I hope the amendment in question makes this bill more kid-friendly.