§ 50-26-30 — Unlawful use of all-terrain vehicle (ATV) by child; safety certificate required; helmet and eye protection required; enforcement.

(A) It is unlawful for a parent or legal guardian of a person less than six years of age to knowingly permit that person to operate an ATV. (B) It is unlawful for a parent or legal guardian of a person without a motor vehicle driver's license and less than sixteen years of age to knowingly allow that person to carry a passenger while operating an ATV. (C) As used in this section "ANSI/SVIA" means American National Standards Institute/Specialty Vehicle Institute of America, and "FMVSS" means Federal Motor Vehicle Safety Standard. (D) It is unlawful to remove from an ATV the manufacturer Age Restriction Warning Label required by ANSI/SVIA. (E) It is unlawful for a parent or legal guardian of a person less than sixteen years of age to knowingly allow that person to operate an ATV in violation of the Age Restriction Warning Label affixed by the manufacturer as required by standard ANSI/SVIA 1-2007. (F) Effective July 1, 2011, every person fifteen years old and younger who operates an all-terrain vehicle must possess a safety certificate indicating successful completion of "hands-on" all-terrain vehicle safety course approved by the All-Terrain Vehicle Safety Institute. (G) A person fifteen years of age or younger also may not operate, ride, or otherwise be propelled on an all-terrain vehicle within this State unless the person wears a safety helmet meeting standard FMVSS #218 and eye protection. (H) A law enforcement officer enforcing the provisions of this section in regard to private lands must have probable cause, based on a plain view observation or incident to an investigation resulting from an all-terrain vehicle accident, to believe a violation of this section occurred before he may enter upon private land to charge a violation of this section.

Legislative History

HISTORY: 2011 Act No. 24, SECTION 1, eff July 1, 2011.