North Carolina § 14-159 - 3. Trespass to land on motorized all-terrain vehicle.

§ 14-159. 3. Trespass to land on motorized all-terrain vehicle.

No person shall operate any motorized all-terrain vehicle: On any private property not owned by the operator, without the written consent of the owner; or 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. A landowner who gives a person written consent to operate an all-terrain vehicle on the landowner's property owes the person the same duty of care that the landowner owes a trespasser. A "motorized all-terrain vehicle", as used in this section, is a two or more wheeled vehicle designed for recreational off-road use. A violation of this section shall be a Class 2 misdemeanor. History (1997-456, s. 56.8; 1997-487, s. 1; 2014-103, s. 11(a); 2015-26, s. 2.1; 2017-102, s. 4.) Editor's Note. - Session Laws 2014-103, s. 11(b), made the amendment to this section by Session Laws 2014-103, s. 11(a), applicable to offenses committed on or after December 1, 2014. Session Laws 2014-103, s. 18(a), is a severability clause. Effect of Amendments. - Session Laws 2014-103, s. 11(a), effective December 1, 2014, inserted "written" in subdivision (a)(1) and added subsection (a1). See Editor's note for applicability. Session Laws 2015-26, s. 2.1, effective May 21, 2015, substituted "all-terrain" for "all terrain" in the section heading and throughout the section. Session Laws 2017-102, s. 4, effective July 12, 2017, in subsection (a1), substituted "the landowner's property" for "his or her property" and substituted "the landowner" for "he or she".