North Carolina ATV Laws: What You Need to Know as a Rider

Overview of North Carolina ATV Laws

ATV (all-terrain vehicle) laws in North Carolina are designed with two main goals in mind: public safety and the protection of the environment. As you’ll see in the sections below, North Carolina ATV laws are in place to protect not only those who use ATVs , but also innocent motorists and pedestrians. They also exist to protect North Carolina’s natural resources by regulating where ATVs can be operated.
Local authorities may also choose to enact their own ordinances that cover registration, CABA permits, and restrictions not provided for in state law. This is why it’s critical that North Carolina ATV owners do their research to ensure they are following all pertinent local, state, and federal regulations.

Age and Licensing Restrictions

ATV riders must be 16 years old or older. A driver’s license is not required. Operators under 16 must have a driver’s license or be supervised by a parent or guardian, or be trained by and operate under the supervision of a person 18 years or older who has a valid driver’s license. Additionally, any person 7 to 15 years old who is driving an ATV must comply with the supervised driver’s education requirements set forth in NCGS §20-11. The supervising parent, guardian, or a person over 18 years who has been licensed for at least 5 years, must accompany the learner on all rides and may not be engaged in any activity which does not allow full attention to the operation of the ATV.

Safety Gear Requirements

All riders and passengers on the trail must wear an approved helmet. Gears, goggles, and constraints are helpful, but helmets are required. NC law requires that all ATV riders under age 16 wear a DOT-approved helmet approved by the American National Standards Institute (ANSI) or Snell Memorial Foundation (Snell). Riders over 16 must wear a DOT-approved helmet as well. Helmets should fit tightly enough that the wearer is not able to lift or roll it off head with movement. Without a properly fitted helmet, injuries and mortality may occur from falls, collisions, or rollover accidents. ATV accidents are a leading cause of head and neck injury and death in the United States. Over 40% of ATV-related deaths were head injuries, and over 30% were neck injuries according to the Center for Disease Control (CDC). In addition to the helmet requirement, riders are also strongly recommended to use items such as gloves, goggles, long pants, and over-the-ankle boots. A U.S. Consumer Product Safety study confirms that wearing these other items, with the addition of a helmet, significantly reduces the chance of severe injury.

Approved Riding Areas

When it comes to designated riding areas for ATVs, the options are limited in North Carolina. Riders in the state only have a few areas where riding these vehicles is permissible. Public roads and highways are not among them, as anyone caught having fun on their ATV on public roads can expect to face steep penalties, including a fine of $100 and points on your driving record. Not only does that get expensive fast, but it threatens your very ability to drive a motor vehicle at all if you’re caught for those infractions too many times. And nobody will be able to ride illegally with you while they’re locked up.
So, essentially the idea is to stick close to home when you want to enjoy some time on your ATV. There are designated riding areas across the state for these vehicles, but they’re few and far between. The most popular destinations are the Uwharrie National Forest riding trails—not just because they exist, but because they’re incredibly enjoyable.
Users can have a great time riding around the 50 miles of trails scattered throughout the 50,000-acre forest. The scenic areas are also a great place to camp, hike, and enjoy other outdoor activities. The lower trail network is designed for street-legal vehicles, while the upper trails are open to dirt bikes, ATVs, and trucks. (ATV drivers have to make a choice—certain parts only allow either dirt bikes or ATVs, but not both.)
Kinston, NC is also home to a large network of private property that welcomes OHV riders. Dirt and mud trails are available, and ATV riders share the space with dirt bikes, UTVs, and rock crawlers, in addition to vehicles like Jeeps. Some of the trails are muddy, and riders will find hills and water crossings along with their trees. There’s plenty of sandy land on offer, too, throughout the 1,000-acre area.
The Outer Banks of North Carolina, including Kitty Hawk, Currituck, Nags Head, Hatteras, and Ocracoke Islands, are an excellent choice for ATV riders as well. The pristine natural environment includes miles of legal oceanfront for driving.
The fact is that North Carolina has few spaces designated for road-use large vehicles. If you’re concerned about potentially breaking the law by riding your ATV on public roads, feel free to rent one of their ATVs or rent a spot on one of their ATV tours.
ATV riding in the state is generally restricted to private lands, and ultimately the responsibility lies with the state’s landowners to make the decision about who rides their vehicles—or simply do nothing at all.

Environmental and Wildlife Regulations

When riding, North Carolina ATV riders must also be conscious of environmental and wildlife regulations. For example, the prohibition of riding on designated public swim areas or bathing beaches protects the health of swimmers and the environment from the effects of pollution. Still, there are plenty of areas for recreation if you follow the rules. A rider may not ride a motor vehicle in any sanctuary, refuge or other boundary established by the Commission for the Protection of Wildlife Resources, except at such time and in such manner as the Commission may permit , by rule or regulation, on designated routes. At the same time, a motor vehicle may not be ridden in an area designated by the Wildlife Resources Commission as an Area of Critical State Concern. These areas are limited to portions of Alligator River National Wildlife Refuge, the Roanoke River, the Cape Fear River, and the Core Sound to the Coast site. Exceptions include if the riding is first approved by the Board of Commissioners for the Division of Marine Fisheries and the Wildlife Resources Commission, or if riding is necessary to the management of the area.

Penalties for Violation

Violating North Carolina’s ATV laws can result in a range of penalties, including fines, loss of riding privileges, and even criminal charges. The exact consequences depend on the nature and severity of the violation. Fines: Minor violations, such as not wearing a helmet or riding on the wrong type of terrain, typically result in a citation and a fine. Fines can vary significantly depending on the local jurisdiction and the specific violation. For more serious offenses, fines can accumulate quickly, along with the possibility of other penalties. Loss of Riding Privileges: Repeat offenders may lose their right to operate an ATV. This could be a temporary suspension or a longer-term revocation, depending on the circumstances. This could be contingent on the suspension of your driver’s license as well. The North Carolina DMV can suspend your license outside of obtaining a criminal conviction. This, coupled with your insurance company learning of the violation, can lead to significant loss of your privilege to use your ATV legally and can result in much more significant fines and penalties even though you may not have been convicted of a crime. Criminal Charges: Serious infractions, such as operating an ATV under the influence of alcohol or drugs, can lead to criminal charges. These can range from misdemeanors to felonies, depending on the situation. A criminal record can have long-term effects on various aspects of life, including employment and travel. In addition, ATVs are frequently involved in serious injury and death situations. If you or someone you know has been injured and/or suffered damages as a result of an ATV accident, make sure you contact NC attorneys who have experience in personal injury, wrongful death, or ATV related cases.

Recent Amendments and Changes

Recently, participants at the N.C. ATV Safety Education Conference focused on updates to the STC Curriculum. The Green Book, as it is commonly referred to, has many new changes. For instance, the number of passenger riders above and beyond the one designated passenger did an about-face. The latest Green Book allows the vehicle to be used by two (2) riders for each manufacturer’s seatbelt . The idea for the change in law was based on the concept that the driver’s experience is heightened with the addition of a sturdy rider, primarily for balancing purposes and not for weight. OEMs including Polaris, Honda, Arctic Cat, Kimco, Suzuki, Kawasaki and Yamaha, to name a few, made these adjustments. If you do not have a copy of the STC Green Book and you are interested in learning about the updates, check out www.ATVSafety.org.