All-Terrain Vehicle Safety Resources

Introduction

All-terrain vehicles are popular off-road vehicles used for a wide variety of work and recreational activities.

Recently, the growing popularity of ATVs and the increasing size and power of the vehicles has led to concern over injury risk. Among the high-profile ATV accidents was one involving six-time Olympic swimming medalist Amy Van Dyken-Rouen.

The Consumer Product Safety Commission estimates that ATVs result in more than 100,000 emergency department visits annually, including more than 30,000 injuries for children under 16 years. During the past decade, more than 200 children died annually due to injuries sustained on ATVs. Children make up a disproportionate number of ATV injuries.

In response to the increase in popularity and use of ATVs, state legislatures are considering several ways to ensure the safety of ATV users and the general public.  Specifically, states are regulating:

• Highway Use
• Implementing age and safety requirements
• Amending ATV definitions
• Designating public land for ATV use and imposing requirements for ATV use on public land

Definition of ATV

What exactly is an ATV? The acronym stands for “all-terrain vehicle,” although terms such as “off-highway vehicle” (OHV) or “off-road vehicle” (ORV) are used by states to denote the same or similar type of vehicle. The American National Standards Institute (ANSI) defines an ATV as a vehicle that is designed for off-road use that travels on low-pressure tires, has a seat that is straddled by the operator and handlebars for steering control, and is intended for use by a single operator. 

The box allows you to conduct a full text search or the state name.

ATV Laws and Regulations on Helmets and Operation on Public Roads

State	Helmet Requirement	Operation on Public Roads
Alabama	N/A	Prohibited according to Alabama Department of Public Health
Alaska	N/A	13 AAC 02.455 operation on roadway only in certain circumstances
Arizona	Required for riders under 18 on public lands	Off-highway vehicles that meet certain requirements may be registered, thereby making them street legal
Arkansas	N/A	§ 27-21-106 Operation on roadway only in certain circumstances
California	Vehicle Code § 38505, 27802 Operator and passenger must wear approved helmet on public lands	Vehicle Code § 38025a Only to cross
Colorado	N/A	§ 33-14.5-108 Operation on roadway only in certain circumstances
Connecticut	N/A	Only to cross a public highway
Delaware	Title 21 § 6823 Required for anyone under 18, whether operator or passenger	Title 21 § 6814 Prohibited
Florida	§ 316.2074 Required for riders under age 16	§ 316.2074 Prohibited
Georgia	N/A	§ 40-7-5 Localities can designate zones of use
Hawaii	N/A	§ 286-12 Permitted in certain instances
Idaho	§ 49-666 Required for riders under age 18	§ 49-426 Yes, but localities can adopt ordinances to restrict operation
Illinois	N/A	Ch. 625 § 5/11-1426.1
Indiana	N/A	§ 14-16-1-20, 9-21-1-3 Operation on roadway only in certain circumstances Localities can regulate
Iowa	Required when riding in state-owned parks	Operation on roadway only in certain circumstances Localities can regulate
Kansas	N/A	§ 8-15,100 Prohibited
Kentucky	§ 189.515 Required for operators over 16 on public property Required for operators and passengers under 16	§ 189.515 Operation on roadway only in certain circumstances
Louisiana	N/A	§ 32:299 Operation on roadway only in certain circumstances
Maine	§ 13157-A Required if under 18	§ 13157-A Operation on roadway in certain circumstances
Maryland	Required in certain counties, such as Montgomery and Baltimore	Criminal Law, § 6-405 Prohibited
Massachusetts	Ch. 90B § 26 Required for all operators and passengers	Ch. 90B § 25 Prohibited
Michigan	§ 324.81133 Anyone operating on public land must wear a helmet. Riders over 16 may ride on private land without a helmet	§ 324.81131 Registered vehicles may be operated on public roads. Unregistered
Minnesota	Operators under 16 must wear an approved helmet, 16 and 17 must wear a helmet when operating on public lands, public road rights-of-way	Must be registered, certain exceptions for operating on public roads
Mississippi	§ 63-31-3 Required for riders under 16	§ 63-31-3 Prohibited
Missouri	§ 304.013 Required for operators under 18	§ 304.013 Prohibited
Montana	Required for operators under 18	§23-3-824 Street legal off-highway vehicles permitted
Nebraska	N/A	§ 60-6,356 Localities can authorize
Nevada	§ 490.130 Required when operating on highways	§ 490.090 Generally prohibited, operation on roadway in certain circumstances
New Hampshire	§ 215-A:13-a Required for operators under 18 on public roads	§ 215-A:6 Operation on road
New Jersey	N/A	§ 39:3C-17 Operation on roadway in certain circumstances
New Mexico	§ 66-3-1010.3 Required for operators under 18	§ 66-3-1011 Prohibited unless authorized by local authority a
New York	Vehicle & Traffic Law, § 2406 Required for all operators and passengers	Vehicle & Traffic Law, § 2403 Generally prohibited, operation on roadway in certain circumstances
North Carolina	§ 20-171.19 Required for all operators under 18, required for all operators on public roads	§ 20-171.19 Prohibited except to cross the road
North Dakota	§ 39-29-09 Required for operators under 18	§ 39-29-09 Operation on roadway in certain circumstances
Ohio	Administrative Code 1501:3-4-14 Required on state forest trails	§ 4519.41 Operation on roadway in certain circumstances
Oklahoma	§ 11-1117 Required for anyone under 18	§ 11-1116 Generally prohibited, operation on roadway in certain circumstances
Oregon	§ 821.202 Required for anyone under 18	§§ 821.055, 821.191 May operate on roads not maintained for passenger car traffic, otherwise generally prohibited
Pennsylvania	Title 75 § 7726 Required for operators and passengers	Title 75 § 7721 Generally prohibited, operation on roadway in certain circumstances
Rhode Island	§ 31-3.2-7 Required for operators and passengers	§ 31-3.2-7 Generally prohibited, operation on roadway in certain circumstances
South Carolina	§ 50-26-30 Required for operators and passengers under 16	Prohibited
South Dakota	N/A	§ 32-20-12 Prohibited except to cross roadway
Tennessee	55-8-185 Required for operators and passengers	§ 55-8-185 Operation on roadway in certain circumstances
Texas	Transportation Code § 663.034 Required for operators and passengers on public property	Transportation Code § 663.037 Prohibited except to cross roadway or in certain circumstances
Utah	§ 41-22-10.8 Required for operators and passengers under 18	§41-22-10.3 Prohibited except to cross roadway or in certain circumstances
Vermont	N/A	Title 23, § 3506 Prohibited except to cross roadway
Virginia	§ 46.2-915.1 Required for all operators	§ 46.2-915.1 Prohibited unless authorized by local authority an
Washington	§ 46.09.470 Required for all operators	§ 46.09.455 Permitted on certain roads with speed limits below 35 mph, where approved
West Virginia	§ 17F-1-1 Required for all operators and passengers under 18	§ 17F-1-1 Prohibited except to cross roadway or in certain circumstances
Wisconsin	§ 23.33 Required for operators under 18 on public lands	§ 23.33 Prohibited except to cross roadway or in certain circumstances
Wyoming	§31-5-124 Required for operators under 18	§31-5-1601 Prohibited except to cross roadway or in certain circumstances
District of Columbia	N/A	§ 50-2201.04b No

Background on ATV Safety Laws 

• All-Terrain Vehicle Safety | Legislative Activity in the States, Jan. 2014. The popularity of all-terrain vehicles (ATVs) continues to rise across the nation as more Americans use them for recreational and agricultural purposes. This Transportation Review explores how state legislatures have worked to ensure the safety of ATV users and the general public.
• Paving Safe Paths for ATVs, Feb. 2014. This article from State Legislatures magazine explores how states have refined laws to increase safety and opportunities for ATV use.

Additional Resources

• United States Consumer Product Safety Commission
• Specialty Vehicle Institute of America