I run a pawnshop and sold and ATV that had a lien on it.

[ncpawn]

No, an ATV is not a motorcycle.
Yes, an ATV MAY be operated on a road. Granted, for limited purposes, but it's still allowed. As such, it seems to me that the code section may very well apply.

Refer to http://www.ncleg.net/EnactedLegislation/Statutes/HTML/ByChapter/Chapter_20.html (see the definitions and see Part 10C)

Roads yes, but highways never

Under G.S. 20-4.01(49), a vehicle is “[e]very device in, upon, or by which any person or property is or may be transported or drawn upon a highway,” including bicycles but not other human-powered devices, and generally not including mobility devices for the disabled

 

[Zigner]

Roads yes, but highways never

Under G.S. 20-4.01(49), a vehicle is “[e]very device in, upon, or by which any person or property is or may be transported or drawn upon a highway,” including bicycles but not other human-powered devices, and generally not including mobility devices for the disabled

A road, street, etc., IS a highway:

(from the same set of definitions)
Highway. - The entire width between property or right-of-way lines of every way or place of whatever nature, when any part thereof is open to the use of the public as a matter of right for the purposes of vehicular traffic. The terms "highway" and "street" and their cognates are synonymous.

I believe you're confusing the generic term "highway" with the state highway system.

 

[ncpawn]

A road, street, etc., IS a highway:

(from the same set of definitions)
Highway. - The entire width between property or right-of-way lines of every way or place of whatever nature, when any part thereof is open to the use of the public as a matter of right for the purposes of vehicular traffic. The terms "highway" and "street" and their cognates are synonymous.

I believe you're confusing the generic term "highway" with the state highway system.

http://www.dmv.org/nc-north-carolina/other-types-of-vehicles.php
All-Terrain Vehicles in NC

In most cases, the NC DMV does not require all-terrain vehicles (ATVs) to be registered and titled in the state. There are however, certain state laws that you must follow:
You must be at least 8 years old to operate an ATV.
Certain restrictions apply depending on your age.
You must be wearing a helmet and protective glasses.
You must have a ATV safety certificate, depending on your age.
You cannot operate your ATV on any public roads or highways (unless you're simply crossing the road).

 

[Zigner]

Just to be thorough:
(38) Roadway. - That portion of a highway improved, designed, or ordinarily used for vehicular travel, exclusive of the shoulder. In the event a highway includes two or more separate roadways the term "roadway" as used herein shall refer to any such roadway separately but not to all such roadways collectively.

(46) Street. - A highway, as defined in subdivision (13). The terms "highway" and "street" and their cognates are synonymous.

 

[Zigner]

http://www.dmv.org/nc-north-carolina/other-types-of-vehicles.php
All-Terrain Vehicles in NC

In most cases, the NC DMV does not require all-terrain vehicles (ATVs) to be registered and titled in the state. There are however, certain state laws that you must follow:
You must be at least 8 years old to operate an ATV.
Certain restrictions apply depending on your age.
You must be wearing a helmet and protective glasses.
You must have a ATV safety certificate, depending on your age.
You cannot operate your ATV on any public roads or highways (unless you're simply crossing the road).

That's a summary, as opposed to the law. The law allows for ATVs to be operated on the road in limited circumstances (including, but not limited to, crossing said road.)

 

[quincy]

What do you think an All-Terrain Vehicle is, then, if not a motor vehicle? A toy, maybe?

 

[Zigner]

I think this is the nail in the coffin for you:

(from the same definitions as cited above

(1c) All-Terrain Vehicle or ATV. – A motorized vehicle 50 inches or less in width that is designed to travel on three or more low-pressure tires and manufactured for off-highway use. The terms "all-terrain vehicle" or "ATV" do not include a golf cart or a utility vehicle, as defined in this section, or a riding lawn mower.


It would appear that an ATV is a motor vehicle. I'm sorry that you don't like the answer. Feel free to consult with a local attorney (as I suggested way up at the top of this thread.)

 

[justalayman]

According to G.S. 20-4.01(49), an ATV is not considered a MOTOR VEHICLE

(9) Take as pledged goods any manufactured mobile home, recreational vehicle, or motor vehicle other than a motorcycle.


Unless you can find proof otherwise I'm going with the claim an Atv is a recreational vehicle and as such, is not legal to accept for pawn. Your argument concerning the motor vehicle; if you want to try to make that argument, you can take a motorcycle in for pawn but not any other motor vehicle. An Atv is not a motorcycle.

 

[Zigner]

For the OP: How many wheels did the ATV have? ATV's with 3 or fewer wheels are considered motorcycles, so you may, in fact, be ok

(22) Motorcycle. - A type of passenger vehicle as defined in G.S. 20-4.01(27).

and

(27)
...
d. Motorcycles. - Vehicles having a saddle for the use of the rider and designed to travel on not more than three wheels in contact with the ground, including autocycles, motor scooters, and motor-driven bicycles, but excluding tractors and utility vehicles equipped with an additional form of device designed to transport property, three-wheeled vehicles while being used by law-enforcement agencies and mopeds as defined in subdivision d1 of this subsection.

 

[justalayman]

There has not been a legally produced 3 wheel Atv for decades. I doubt any one that is still out there is worthy of having a $10,000 lien placed on it.

 

[ncpawn]

I think this is the nail in the coffin for you:

(from the same definitions as cited above

(1c) All-Terrain Vehicle or ATV. – A motorized vehicle 50 inches or less in width that is designed to travel on three or more low-pressure tires and manufactured for off-highway use. The terms "all-terrain vehicle" or "ATV" do not include a golf cart or a utility vehicle, as defined in this section, or a riding lawn mower.


It would appear that an ATV is a motor vehicle. I'm sorry that you don't like the answer. Feel free to consult with a local attorney (as I suggested way up at the top of this thread.)

Just got a hold of the sheriffs department, they specifically told me without hesitation that an ATV is not considered a motor vehicle since there is no title, registration or insurance required. Also stated that you are able to pawn ATV's in the state of North Carolina.

 

[Proserpina]

Just got a hold of the sheriffs department, they specifically told me without hesitation that an ATV is not considered a motor vehicle since there is no title, registration or insurance required. Also stated that you are able to pawn ATV's in the state of North Carolina.

Sheriffs are not attorneys and, unfortunately, many have no clue as to the actual legalities in a given situation.

 

[Zigner]

There has not been a legally produced 3 wheel Atv for decades. I doubt any one that is still out there is worthy of having a $10,000 lien placed on it.

It's that whole leading a horse to water thing

 

[Zigner]

Just got a hold of the sheriffs department, they specifically told me without hesitation that an ATV is not considered a motor vehicle since there is no title, registration or insurance required. Also stated that you are able to pawn ATV's in the state of North Carolina.

This thread has actually shown you that an ATV *IS* considered a motor vehicle in your state. It is NOT a motorcycle, thus you are not able to accept it at your shop.

Now, AGAIN, feel free to consult with an ATTORNEY to assist you - it's obvious you don't want to hear what we have to say.

 

[quincy]

Just got a hold of the sheriffs department, they specifically told me without hesitation that an ATV is not considered a motor vehicle since there is no title, registration or insurance required. Also stated that you are able to pawn ATV's in the state of North Carolina.

I am afraid what the sheriff told you is not entirely true as some ATVs are considered motor vehicles and must be registered with your state and insured.

The specifics matter here so, as advised earlier more than once, you would be smart to seek out assistance from an attorney in your area prior to pursuing a legal action. Your license and your criminal record could be affected If you move ahead without this personal consultation.

Good luck.