The NC Farm Act of 2014 is on its way to the Governor’s desk. One interesting provision changes the responsibility of land owners with respect to ATV riders. Riders must now obtain written permission from landowners before riding and the landowner owes only the duty he would owe a trespasser.
REQUIRE WRITTEN CONSENT TO OPERATE ALL TERRAIN VEHICLES ON PRIVATE PROPERTY
SECTION 11.(a) G.S. 14?159.3 reads as rewritten:
“§ 14?159.3. Trespass to land on motorized all terrain vehicle.
(a) No person shall operate any motorized all terrain vehicle:
(1) On any private property not owned by the operator, without the written consent of the owner; or
(2) Within the banks of any stream or waterway, but excluding a sound or the Atlantic Ocean, the adjacent lands of which are not owned by the operator, without the consent of the owner or outside the restrictions imposed by the owner.
(a1) A landowner who gives a person written consent to operate an all-terrain vehicle on his or her property owes the person the same duty of care that he or she owes a trespasser.
(b) A “motorized all terrain vehicle”, as used in this section, is a two or more wheeled vehicle designed for recreational off?road use.
(c) A violation of this section shall be a Class 2 misdemeanor.”
SECTION 11.(b) This section becomes effective December 1, 2014, and applies to offenses committed on or after that date.