GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2011

SESSION LAW 2011-68

HOUSE BILL 407

AN ACT to modify the requirement that a person who is eighteen years old or older wear a helmet while operating aN all-terrain vehicle.

The General Assembly of North Carolina enacts:

SECTION 1.  G.S. 20-171.19 reads as rewritten:

"§ 20-171.19.  Prohibited acts by owners and operators.

(a)        No person shall operate an all-terrain vehicle on a public street or highway or public vehicular area unless the person wears eye protection and a safety helmet meeting United States Department of Transportation standards for motorcycle helmets.

(a1) No person under 18 years of age shall operate an all-terrain vehicle off a public street or highway or public vehicular area unless the person wears eye protection and a safety helmet meeting United States Department of Transportation standards for motorcycle helmets.

(a1)(a2)      Notwithstanding subsection (a)(a1) of this section, any a person who is under 18 years of age and employed by a supplier of retail electric service, while engaged in power line inspection, may operate an all-terrain vehicle while wearing both of the following:

(1)        Head protection equipped with a chin strap that conforms to the standards applicable to suppliers of retail electric service adopted by the Occupational Safety and Health Division of the North Carolina Department of Labor.

(2)        Eye protection that conforms to the standards applicable to suppliers of retail electric service adopted by the Occupational Safety and Health Division of the North Carolina Department of Labor.

…."

SECTION 2.  G.S. 20-171.22(c) reads as rewritten:

"(c)       The provisions of G.S. 20 171.19(a) G.S. 20-171.19(a1) do not apply to any person 16 years of age or older if the person is otherwise lawfully using the all-terrain vehicle on any ocean beach area where such vehicles are allowed by law. As used in this subsection, "ocean beach area" means the area adjacent to the ocean and ocean inlets that is subject to public trust rights. Natural indicators of the landward extent of the ocean beaches include, but are not limited to, the first line of stable, natural vegetation; the toe of the frontal dune; and the storm trash line."

SECTION 3.  This act becomes effective October 1, 2011, and applies to offenses committed on or after that date.

In the General Assembly read three times and ratified this the 21^st day of April, 2011.

                                                                    s/  Walter H. Dalton

                                                                         President of the Senate

                                                                    s/  Thom Tillis

                                                                         Speaker of the House of Representatives

This bill having been presented to the Governor for signature on the 25^th day of April, 2011 and the Governor having failed to approve it within the time prescribed by law, the same is hereby declared to have become a law.  This 6^th day of May, 2011.

                                                                    s/  Karen Jenkins

                                                                         Enrolling Clerk