Law & Legal & Attorney Traffic Law

ATV Riding Laws

    • ATVs are fun, but follow the regs.atv airborne image by MAXFX from Fotolia.com

      Although the generic term "All-Terrain Vehicle (ATV)" could apply to practically anything on wheels (or in some cases not), it is used as a generic descriptor for "quad-bikes" made specifically for off-highway use. ATV laws vary as much by state as automotive laws, and are often extremely localized. Such laws exists to protect not only the rider and passengers, but the landscape through which they travel.

    Definitions

    • ATVs, also known as off-road vehicles (ORV) and off-highway vehicles (OHV) are described by most states as any form of motorized vehicle (be it gasoline, electric or nuclear powered) designed specifically for off-highway use. These can include, but aren't limited to: dirt-bikes, dune buggies, rock crawlers, quad-bikes, three-wheelers, snowmobiles, golf carts, home-built vehicles, lawnmowers, hovercraft and non-insured vehicles originally designed for highway use (like heavily modified trial-only Jeeps). Some states define boats as a type of ATV, but most have separate restrictions in place.

    Titling

    • Most states require that you title and register the ATV (which means that its legal owner must be an adult) and many require that you have an ATV license. The title is essentially your proof of ownership, and might be used to find your ATV in the event of theft or to identify it for impound. Remember, titling your ride and registering it are two different things; ATVs by definition cannot be registered, which would permit them to be operated on public roads.

    Equipment

    • Almost all states mandate some minimum equipment requirements for ATVs. At the very least you need a tail-pipe-mounted spark arrestor; these devices keep sparks and flame from shooting out of your tailpipe, and do wonders to prevent forest fires. Some jurisdictions impose a decibel (sound level) limit on the ATV's exhaust, which is usually between 90 and 110 dB.

    Passengers

    • Generally speaking, you can't carry any more passengers than your vehicle is rated for. This is usually only one for dirt bikes and quad bikes, two for large ATVs, eight for large SUVs and as much as 72 for off-road school buses. Yes, they really do exist.

    Area Limitations

    • Where you can and cannot ride your ATV is often determined by your county or even your local jurisdiction, but is usually regulated by the state Parks and/or Forestry department; you'll have to contact the local authorities to find out what's allowed.

      You can't operate any designated off-road vehicle on a numbered road, be it interstate, highway or even a neighborhood dirt road. As far as riding on the side of the highway goes, there's technically no delineation (where states are concerned) on where the road ends and where their un-paved property begins. Since you cannot (as a rule) ride on unapproved state property, then off-roading on the shoulder of highways is still illegal.

    Private Property

    • You can do whatever you want if a road or trail is located on private property and you own it or have permission, but spark arrestor laws may still apply.

    DUI Laws

    • Generally speaking, if you're drinking and doing anything but walking on numbered, public roads then you can get nailed for a DUI. The same rules that apply to cars apply to ATVs and (believe it or not) bicycles in many areas; but then again you shouldn't have an ATV on public roads anyway. Some state-owned trails are technically numbered, so always be wary of drinking and wheeling.

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