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

[ncpawn]

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.

I am seeking legal advice from a local attorney, I'm just reaching out to forum and trying to get more information. Some states do require registration/insurance of ATVs, North Carolina is not one of them.

It also kind of makes sense, all the motor vehicles listed that are prohibited to be pawned (Mobile Home, RV, or Car other than a motorcycle) ALL require title, registration and insurance. ATV does not

 

[quincy]

I am seeking legal advice from a local attorney, I'm just reaching out to forum and trying to get more information. Some states do require registration/insurance of ATVs, North Carolina is not one of them.

It also kind of makes sense, all the motor vehicles listed that are prohibited to be pawned (Mobile Home, RV, or Car other than a motorcycle) ALL require title, registration and insurance. ATV does not

Again, that is not entirely true. My information comes from your state's DMV.

 

[Zigner]

I am seeking legal advice from a local attorney, I'm just reaching out to forum and trying to get more information. Some states do require registration/insurance of ATVs, North Carolina is not one of them.

It also kind of makes sense, all the motor vehicles listed that are prohibited to be pawned (Mobile Home, RV, or Car other than a motorcycle) ALL require title, registration and insurance. ATV does not

You are reaching a conclusion based on your desires. Your desires have shaped your view on this and created some sort of connection between registration and the ability to accept it as a pawn when none actually exists.

 

[Zigner]

Again, that is not entirely true. My information comes from your state's DMV.

And mine comes from his state's statutes

 

[quincy]

And mine comes from his state's statutes

As did my earlier posts ... but apparently the statutes are not very convincing.

 

[TigerD]

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.

I agree that he should consult an attorney. I do not agree that an ATV is a motor vehicle within the definition provided. There is a difference between definitions used in different sections and a motorized vehicle is not a motor vehicle. And a recreational vehicle has a very different meaning that was argued in this thread.

But, the OP absolutely needs a local attorney.

TD

 

[Zigner]

I agree that he should consult an attorney. I do not agree that an ATV is a motor vehicle within the definition provided. There is a difference between definitions used in different sections and a motorized vehicle is not a motor vehicle. And a recreational vehicle has a very different meaning that was argued in this thread.

But, the OP absolutely needs a local attorney.

TD

Fair enough - we'll need to agree to disagree on the definition

 

[quincy]

I agree that he should consult an attorney. I do not agree that an ATV is a motor vehicle within the definition provided. There is a difference between definitions used in different sections and a motorized vehicle is not a motor vehicle. And a recreational vehicle has a very different meaning that was argued in this thread.

But, the OP absolutely needs a local attorney.

TD

I agree that an attorney in North Carolina should be consulted but I disagree that the ATV would not be considered a motor vehicle.

You can look at the following two cases to see how the courts in North Carolina have defined "motor vehicle" (I have more cases, too, if someone really likes to read).

And, again, the DMV told me that some ATVs must be titled, registered and insured.

State v. Crow, 623 SE 2d 68, NC Court of Appeals, 2005: http://scholar.google.com/scholar_case?case=659765840052400514&q=State+v.+Crow,+175+NC+App+119,+2002&hl=en&as_sdt=4,34

State v. Narron,666 SE 2d 860, NC Court of Appeals, 2008: http://scholar.google.com/scholar_case?case=12015652380669506235&q=State+v.+Crow,+175+NC+App+119,+2002&j;=en&as_sdt=4,34

But I have the same feeling as Zigner and have no problem agreeing to disagree.

 

[ncpawn]

I agree that an attorney in North Carolina should be consulted but I disagree that the ATV would not be considered a motor vehicle.

You can look at the following two cases to see how the courts in North Carolina have defined "motor vehicle" (I have more cases, too, if someone really likes to read).

And, again, the DMV told me that some ATVs must be titled, registered and insured.

State v. Crow, 623 SE 2d 68, NC Court of Appeals, 2005: http://scholar.google.com/scholar_case?case=659765840052400514&q=State+v.+Crow,+175+NC+App+119,+2002&hl=en&as_sdt=4,34

State v. Narron,666 SE 2d 860, NC Court of Appeals, 2008: http://scholar.google.com/scholar_case?case=12015652380669506235&q=State+v.+Crow,+175+NC+App+119,+2002&j;=en&as_sdt=4,34

But I have the same feeling as Zigner and have no problem agreeing to disagree.

All that case concluded was simply that a scooter is considered a VEHICLE, and one will be charged with a DUI while operating a scooter under the influence. Same goes with a bicycle, which would also be considered a vehicle.

And I'm not sure if you read the second case you posted, but it had nothing to do with defining a motor vehicle.

 

[quincy]

All that case concluded was simply that a scooter is considered a VEHICLE, and one will be charged with a DUI while operating a scooter under the influence. Same goes with a bicycle, which would also be considered a vehicle.

And I'm not sure if you read the second case you posted, but it had nothing to do with defining a motor vehicle.

State v. Crow: "'Statutory interpretation properly begins with an examination of the plain words of the statute.' If the language of a statute is clear, then the Court must implement the statute according to the plain meaning of its terms."

 

[quincy]

And, because I am having issues with the edit feature, I add to my previous post here:

From State v. Crow : "Following the principle of expressio unius est exclusio alterius ("to express or include one thing implies the exclusion of the other," Black's Law Dictionary 620, 8th ed, 2004), the absence of a motorized scooter from the list of exceptions is indicative of the Assembly's intent to include such devices in the statute's definition of vehicle."

 

[ncpawn]

And, because I am having issues with the edit feature, I add to my previous post here:

From State v. Crow : "Following the principle of expressio unius est exclusio alterius ("to express or include one thing implies the exclusion of the other," Black's Law Dictionary 620, 8th ed, 2004), the absence of a motorized scooter from the list of exceptions is indicative of the Assembly's intent to include such devices in the statute's definition of vehicle."

Again, that is referring to whats defined as a VEHICLE not a motor vehicle

 

[quincy]

Again, that is referring to whats defined as a VEHICLE not a motor vehicle

The absence from the list of exceptions implies exclusion from the list of exceptions (i.e., ATV is not a listed exception, motorcycle is a listed exception).

Insurance companies have agreed with you that an ATV is not a motor vehicle, though, when faced with covering ATV damage in an accident. The insurance companies have won some cases, lost others. The wording of the policies have made a difference.

Have you sought advice from a local attorney yet? I recommend you do so.

 

[Zigner]

Again, that is referring to whats defined as a VEHICLE not a motor vehicle

The plain-English definition would apply. A "motor vehicle" is a "vehicle" with a "motor" - with certain exceptions that don't apply to you.

 

[ncpawn]

The plain-English definition would apply. A "motor vehicle" is a "vehicle" with a "motor" - with certain exceptions that don't apply to you.

I guess I woudn't be allowed to take in scooters too since its not a motorcycle?