H155: Cert. of Titles for Certain Off-Road Veh. Latest Version

Session: 2023 - 2024

House
Passed 1st Reading
Committee
Rules
Passed 3rd Reading
Senate
Passed 1st Reading
Rules
Committee


AN ACT TO AUTHORIZE CERTIFICATES OF TITLE FOR CERTAIN OFF‑ROAD VEHICLES.



The General Assembly of North Carolina enacts:



SECTION 1.  Article 3 of Chapter 20 of the General Statutes is amended by adding a new section to read:



§ 20‑53.6.  Titling of all‑terrain vehicles, off‑road motorcycles, and utility vehicles.



(a)        The following definitions apply to this section:



(1)        All‑terrain vehicle. – A vehicle as defined in G.S. 20‑4.01(1c).



(2)        Off‑road motorcycle. – A motorcycle as defined in G.S. 20‑4.01(27)h. and designed for off‑road use.



(3)        Owner. – Any person, except a retailer in possession of a new all‑terrain vehicle, off‑road motorcycle, or utility vehicle for the purpose of selling it at retail.



(4)        Utility vehicle. – A vehicle as defined in G.S. 20‑4.01(48c).



(b)        Certificate of Title Required. – Any owner of an all‑terrain vehicle, off‑road motorcycle, or utility vehicle purchased as a new vehicle from a retailer on or after January 1, 2024, shall apply to the Division for a certificate of title by completing an application on a form provided by the Division and paying the fee established under G.S. 20‑85(a)(1). The application form shall require, at a minimum, the following:



(1)        The owner's name.



(2)        The owner's mailing address and residence address.



(3)        The owner's drivers license number, which shall be provided as authorized by G.S. 20‑52(a)(1a)b.



(4)        A description of the vehicle, including the make and model.



(5)        A statement of the owner's title and of all liens upon the vehicle, including the names and addresses of all lienholders in the order of their priority, and the date and nature of each lien. The provisions of this Chapter that relate to perfection of security interests shall not apply to vehicles issued a certificate of title under this section.



(c)        Certificate of Title Optional. – Any owner of an all‑terrain vehicle, off‑road motorcycle, or utility vehicle not required to title that vehicle under this section may apply to the Division for a certificate of title under this section, provided that the owner is able to provide reasonable evidence of ownership satisfactory to the Division.



SECTION 2.  G.S. 20‑54 reads as rewritten:



§ 20‑54.  Authority for refusing registration or certificate of title.



The Division shall refuse registration or issuance of a certificate of title or any transfer of registration upon any of the following grounds:





(8)        The vehicle is a golf cart or utility vehicle.cart. If the vehicle is a utility vehicle, the Division shall refuse registration or any transfer of registration but shall issue a certificate of title as provided by G.S. 20‑53.6.



….



SECTION 3.  This act becomes effective October 1, 2023.