North Carolina

Recent Legislative Action

2009

S45: Requires registration of ORVs, license plates and revenues generated towards safety training and ORV trail development (2/3/09: Introduced)

S642: Requires license plates for ORVs. Exempts those used for agricultural purposes (5/20/09: Referred to Committee on Finance)

2007

HB2008: Requires ORV registration and creates a fund to pay for new riding trails (5/10/07: Referred to Committee on Finance)

Community Voices Demand Action in North Carolina

• "I don't understand. When you pay taxes on your land, that is your land and your land only. It's not for vigilante's to take advantage of. It's not public property and I don't want them out here." -- Ray Alberty, Surry County property owner, "Trespassing problem near Mitchell River", Mount Airy News (10/12/08)

• "Sometimes pandering is a poor political tool, although that's never stopped politicians from using it regularly. So it is with a piece of legislation this state's two U.S. senators, Elizabeth Dole and Richard Burr, sponsored to kill an agreement reached this spring in U.S. District Court. The pact, signed by local officials, business interests and the Cape Hatteras National Seashore, put an end to the National Park Service's longtime failure to forge an off-road vehicle management plan...That raised howls from coastal business owners, who saw financial doom racing toward them...Shortly after Dole proclaimed the suffering, the Outer Banks Visitors Bureau released its statistics. It turns out things are pretty peachy. Receipts for the first six months of the year are up 4 percent, despite a sagging national economy and a persistent wildfire that has frequently blanketed the Outer Banks in smoke...Life is going back to normal. Except for Dole and Burr, who just got caught in shameless, pointless pandering." -- Fayetteville Observer Editorial, "False alarm: Dole, Burr rush to remedy a problem that doesn't appear to exist", Fayetteville Observer (8/11/08)

• "We feel that unacceptable amounts of sediment are going into the Tellico River... We feel the obligation to resolve the issue." -- Candace Wyman, Upper Tellico ORV project coordinator with the Tusquitee Ranger District, "Proposal made to close 15 miles of Tellico trails", Cherokee Scout (6/10/08)

Examples of Recent ORV-Related Law Enforcement Activity

Source: United States Forest Service

2008

• Pisgah NF - On 3/23, LEO's responded to a section of the Appalachian RD, Pisgah NF to investigate reports of illegal use of ATV's. Three people on ATV's approached the officers but failed to stop as ordered. The LEO's manage to detain one person. The two that fled were later issued citations at their residence. While attempting to locate the fleeing suspects, the LEO's contacted additional riders on motorcycles and ATV's who were also operating illegally on the Forest. The LEO's, assisted by NC Wildlife LEO's, issued a total of 15 citations.

• Pisgah NF- On 11/3, an LEO contacted users at an ORV area and issued 16 citations for violations including failing to pay required fee, operating ATV's in an undesignated area, and alcohol or drug-related incidents. Four people were cited when they drove their ATV up an eroding bank at the parking area. Numerous ATV riders stopped to thank the LEO for being present and several reported illegal activity.

• Pisgah NF / Grandfather RD - On 9/21, an LEO contacted two groups of campers at Brown Mountain OHV area on the Pisgah NF/ Grandfather RD that had driven a truck and two motorcycles past barricades into a campsite. A father and his 18 year-old son at one campsite were consuming alcohol. Citations were issued for vehicles being off road and alcohol in a prohibited area. Warning citations were issued for allowing underage alcohol and consuming alcohol underage.

• Uwharrie NF / Uwharrie RD - On 9/30 at 0200 hours, four people were involved in a fight on an OHV trail system on the Uwharrie NF/Uwharrie RD. Two people sustained significant lacerations to the head and one received a laceration to the hand. Two vehicles were damaged and a handgun was discharged during the incident. Two of the suspects left the scene on foot and were found later that morning. Deputies, EMS, and an LEO responded to the incident. Several people were interviewed and one handgun was seized. On 10/1, the LEO issued mandatory appearance violation notices for disorderly conduct to three people. Additional charges are pending.

• Pisgah NF / Grandfather RD - On 8/4, an LEO contacted three people camped at the ORV area on Grandfather RD, Pisgah NF. A vehicle had been driven around a rock barricade into the camp and the group was in possession of alcohol in a prohibited area. A consent search of the vehicle revealed several containers of marijuana and a container with a small baggie of cocaine. The three received numerous citations.

• Caldwell County - On 8/10, a Caldwell County SD Deputy witnessed two people lift two four-wheel ATV's over a rock barricade and determined they had been riding on the closed road. The Deputy and an LEO later visited their residence and issued citations for ATV violations and providing false information.

• Pisgah - On 4/7, an LEO on the Grandfather RD investigated a report that a man had been living in the remains of an old house along the Swannanoa Creek. The LEO determined that hunters accessed the area with ATV's and had improved the rock remains of the old house to use as a hunting cabin. A new wood stove had been placed inside. The remains of the house are nearly 200 years old. This route was the original Native American Trail into a neighboring county as well as the first stagecoach route and was used until the early 1900's. A civil war battle also took place here and a Union Soldier's grave is nearby.

• Uwharrie RD - On 4/6-7, two ATV accidents with injuries occurred on the OHV trail system on the Uwharrie RD. A 13 year-old boy sustained a broken nose when his 680 cc ATV flipped over backwards and landed on top of him. Violations of riding double and age/cc restrictions appeared to contribute to the accident. A 34 year-old woman sustained a temporary loss of consciousness and multiple contusions when she lost control of her 650 cc ATV when it struck a log and she fell off. Operating outside designated trail and operator inexperience appeared to contribute to the accident.

Recent ORV-Related Media Coverage