Virginia ATV Laws: An Overview
The general framework of ATV regulations in Virginia falls under the Code of Virginia, which is administered and enforced by the Virginia Division of Motor Vehicles (DMV) and the Virginia Department of Game and Inland Fisheries (DGIF). A vehicle classified as an "all terrain vehicle" (also known as ATV or quad) is defined as a non-highway use motor vehicle that is (i) not registered by the DMV for travel on public roads; and (ii) not driven or towed on a public highway. Va. Code § 46.2-100. ATV laws in Virginia reflect the off-road use nature of this type of vehicle, and the focus is on riders’ responsible use, monitoring of vehicle equipment, and riders’ safety. Under Virginia law, it is unlawful to operate an all-terrain vehicle: (a) while under the influence of alcohol (b) without a functioning headlight and taillight between one-half hour after sunset and one-half hour before sunrise (c) without a rearview mirror (d) on a public highway, except under limited circumstances (Va. Code § 46.2-915 . 2) (e) while unhitched from the tow vehicle in violation of Va. Code § 46.2-1180.1, and (f) without written parental permission if the operator is less than 16 years old (Va. Code § 15.2-915.1(B)). Users are also advised to keep thorough records of their time and location of use of the ATV as accidents involving ATVs are often accompanied by factual disputes over liability and who is at fault, whether from injury to the rider, or injury arising from property damage to another person’s land or personal property. However, such rules regarding operation do not apply if the ATV is used in connection with forestry, agriculture, aquaculture, or other commercial purposes per Va. Code § 46.2-915.2(D)(1). For example, farmers who use ATVs to move it and farm equipment through a field in conjunction with an agricultural purpose (such as planting crops) are not subject to these rules. See Va. Code § 46.2-915.1(A). In addition, there are no restrictions on the operation of ATVs when used on privately owned land with the landowner’s permission Va. Code § 46.2-915.2(A).
Age and Licensing Standards
The Commonwealth of Virginia is known for its natural beauty, and with an abundance of trails, off-road parks, and rural terrain, it comes as no surprise that the number of ATV riders continues to climb. Just as the popularity of these vehicles has grown, so too has the need for new rules and regulations governing their operation. The Virginia Department of Game and Inland Fisheries has prepared a useful brochure that summarizes these regulations and is available online at www.dgif.virginia.gov. The brochure covers most subjects pertaining to ATV operation, but it does not delve into age and licensing requirements for operators. In this section of our post on the Commonwealth’s ATV laws, we intend to fill that dangerous gap.
Pursuant to the current paragraph (B) of Virginia Code section 46.2-915.2, "[a]ny person operating a motorcycle, moped, motor-driven cycle, all-terrain vehicle, or dirt bike shall have in his possession a motor vehicle operator’s license[.]" There is, however, an exception in Virginia Code section 46.2-915.1 (2009) that may in some situations exempt the rider from having to possess a motor vehicle operator’s license. Pursuant to section 915.1, "subdivisions 1 and 5 of § 46.2-915 do not apply to the operation of all-terrain vehicles or dirt bikes." See VA. Code section 915.1 (2009)
This is critically important for purposes of this discussion because subsection (B) of Virginia Code section 915.1 states that "[a]ny person under the age of 16 may operate a motorcycle, moped, all-terrain vehicle, or dirt bike without being licensed [if] he may be issued a certificate by the [Department of Game and Inland Fisheries] after demonstrating safe operation of such vehicle." Therefore, a person may be able to legally ride an ATV in Virginia despite not possessing a motor vehicle operator’s license. The inquiry, however, does not end there. The Virginia Code has separate age requirements for those riding exclusively on private property versus those riding off-road, but on public land. For riders who are not riding solely on private property, the only age requirement is that they be over the age of 16 and a certificate of completion is required. Id. However, for those persons riding solely on private property, there are different requirements that dictate the minimum age for such persons. According to Virginia Code 46.2-915.2(C), those riding on private property must be at least 12 years of age. Virginia Code section 915.2(C) states that a person 16 years of age or older may use a full-sized, more powerful ATV "without certification…" Virginia Code section 46.2-915.2(D)(4). And those 12 through 15 years of age may use a "Youth ATV" if they have completed an "ATV safety training course." Virginia Code section 915.2(D)(3). Further, persons under 12 years of age may use an ATV that is "hammer strudel equipped with a safety stop switch attached to the handlebars of the vehicle and the rider’s clothing." Virginia Code section 915.2(D)(2). Finally, all riders, pursuant to Virginia Code section 915.2(E), must wear a DOT approved helmet.
Helmet Regulations and Required Gear
Helmets and Protective Equipment : It is required by law that an individual riding an ATV on a road must wear a DOT approved helmet and safety goggles that is impact resistant and capable of preventing flying objects from entering the eyes. A motorized bicycle or electric power-assisted bicycle is exempt from this law.
The following safety equipment is not required, but is strongly recommended. If used, the below suggestions can help reduce the severity of injuries.
- Protective gloves.
- Eye protection. Goggles and a full-face helmet with a shield is most favorable. If only glasses are worn, make sure they have a shatter-resistance lens, fit closely, and prevent entry of wind, dust, and other debris.
- Sturdy footwear. High-top boots are ideal, making sure they have a high slip-resistant rubber sole.
- Durable clothing. Long sleeves and long pants are strongly encouraged. Do not wear short pants or a dress while riding.
- Be seen. Wearing bright clothing is helpful because most people involved in ATV accidents are hit by cars, trucks, motorcycles, etc.
Permitted Locations for ATV Usage
The nature and purpose of ATVs require that their use be limited to certain areas. Virginia has designated locations for lawful operation – including on private property if the operator has permission from the owner, or on private trails when the trail is specifically for ATVs. Virginia also has designations for other areas, such as designated parks for riding in a controlled environment. It’s also important to note that specific provisions may vary from county to county. A knowledgeable injury attorney will help ensure you understand the permitted areas in your county.
Public Roads
ATVs can’t be used on public roads in Virginia, except when crossing at an angle. That means that ATVs are not permitted on sidewalks or bike paths, even if riders think it may just be for a quick cross over. In fact, ATVs must yield to other traffic before crossing the public roadways. In addition, ATVs cannot perform what might be deemed stunts, such as jumping or wheelies, on public roads. Legal driver requirements apply, including those wearing helmets. Any unlawful actions while on public roads can be used as evidence against the rider and might affect the circumstances of accidents or injuries.
Private Property
Riders may use their ATVs on private property in Virginia , as long as they have the property owner’s permission. Additionally, any ATVs that are registered and appropriately licensed may be used in private places without exception. Riders should still abide by safe practices. Riding under the influence is prohibited, for instance. Most importantly, riders should never let anyone on the ATV who isn’t wearing protective gear, such as a helmet. Additionally, riders should pay special care to any areas or conditions that might cause an accident.
Trails
If you’re new to riding ATVs, you want to get used to the machine all over again, or you want to introduce your child to the sport, you can take them to one of the Virginia ATV parks. These are designated areas for ATV use with controlled environments. Because ATVs can be unpredictable, especially for newbies, these parks provide a relatively safe space. ATVs may also be rented at these parks, though not in many areas. However, some people still rent ATVs outside of the state parks and go off-roading. Parks have special licenses and requirements to help keep riders safe, so it’s important that they don’t attempt to ride outside of these parks.
Registration and Insurance Guidelines
In Virginia, ATVs are generally not registered with the Virginia Department of Motor Vehicles. However, if you plan to use your ATV on public trails or certain other restricted areas, you may be required to register your ATV with the Department of Game and Inland Fisheries ("DGIF"). Fees for use of the ORV program are as follows:
Registration through the DGIF is also available online. Applicants must file a Virginia ORV Registration Application and have their ATVs measured to confirm that they meet the size requirements set forth by the DGIF. Any ORV registered after January 1, 2010, has to 90 inch width requirement. If your ATV measures more than 90 inches, it is prohibited from being used on designated public trails or public ORV lands.
Frankly speaking, it is also a good idea from a practical standpoint to register your ATV with the DGIF in advance of using your ATV on public trails, even if you are not required to do so. This way, if you are stopped by law enforcement officers and asked for proof of registration or insurance, you will have it available.
An ATV insurance policy is governed by the same Virginia laws that govern automotive insurance policies. So what does this actually mean? Essentially, it means that each policy for an ATV will carry its own premium price, with no guarantee that it is the best option for your unique needs. This is not to say that an ATV policy is not worth the costs, because it’s still a good idea to be covered by insurance whenever possible. It does mean that you should spend some time reviewing your options carefully; don’t just sign up because an agent "recommends" it!
Recent Changes in Virginia’s ATV Laws
Virginia’s ATV laws have undergone some recent changes that riders should be aware of. These changes were put in place to enhance rider safety and ensure that ATV regulations are keeping up with modern technology.
For example, in 2019, Virginia passed legislation requiring all ATV riders under 18 years of age to wear a helmet while riding. This is a significant change from previous regulations that only required helmets for riders under 16. The new law is intended to reduce the number of head injuries sustained by young riders who may not yet have the experience or skills to safely navigate their ATVs.
In addition, Virginia’s ATV laws now include regulations on the use of headlights and taillights . All ATVs must be equipped with a working headlight and taillight if they are being operated during hours of darkness or in conditions with poor visibility. This is an important safety feature that can help to prevent collisions with other vehicles, pedestrians, or obstacles on the roadway.
Finally, Virginia’s ATV laws have been updated to clarify the penalties for operating an ATV without a valid driver’s license. Under the new regulations, unlicensed riders may face fines of up to $250 for a first offense and up to $500 for subsequent offenses. In addition, unlicensed riders may have their ATVs impounded, leading to costly towing and storage fees.
Overall, these recent changes to Virginia’s ATV laws are intended to improve rider safety and ensure that all riders are operating their ATVs in a safe and responsible manner.