ATVs (or All-Terrain Vehicles) are increasingly popular across the Lone Star State. Unfortunately, the rules and regulations that apply to ATVs and other off-roading vehicles can be confusing for new and experienced operators alike.
Dow Law Firm’s Round Rock ATV accident lawyers know that understanding the rules of ATV road usage in Texas can be important for reducing the risk of serious injuries or deaths.
What is an ATV?
Before you get into the rules that apply to ATVs, it’s important to know what an ATV is and what other vehicles it might be confused with.
In Texas, an All-Terrain Vehicle (ATV) is defined as a motor vehicle:
- With seats for a driver and one passenger
- Equipped with three or more tires
- With a maximum width of 50 inches
- Designed for off-highway use; and
- Not intended for farm use or lawn care.
ATVs can sometimes be confused with Recreational Off-Highway Vehicles (ROVs), Utility Vehicles (UTVs), or Sand Rails.
- ROVs are similar, but can seat a driver and one or more passengers and have four or more tires.
- UTVs are similar, but have side-by-side seating for a driver and one passenger and four or more tires.
- Sand Rails are the most different, built with tubular frames, an integrated roll cage, and a mid-vehicle or rear-mounted engine. These vehicles are specifically designed for off-highway use in sandy terrains and tend to weigh anywhere between 700 and 2,000 pounds.
All of these vehicles must have brake and muffler systems, headlights and tail lights, and a U.S. Forest Service-qualified spark arrester. If you’re unsure whether your vehicle qualifies as an ATV under Texas law, an ATV accident attorney in Round Rock can help clarify the classification and how it affects your legal rights.
Do I Have to Register an ATV in Texas?
Thanks to recent changes in the law, no, you do not have to register your ATV for off-highway usage. However, your ATV must still be titled with the state.
A Texas OHV decal must be affixed to the vehicle before you can lawfully operate an ATV on public property. Decals are $16 and must be purchased annually for each ATV you intend to use.
If you have questions about registration requirements and how they might affect your case after an ATV accident, an ATV accident attorney in Round Rock can provide guidance.
Are ATVs Street Legal in Texas?
Broadly speaking, no, ATVs are not street legal in the state of Texas. However, there are certain situations when you can lawfully operate your ATV on a public road. It all depends on why the ATV is being used, where it’s being driven, and whether it’s properly equipped with a license plate.
If you’ve obtained an Off-Highway Vehicle license plate from your county tax assessor-collector’s office and affixed it to your ATV, you may legally operate that vehicle on public roads if any of the following conditions apply:
- You need to travel less than two miles from where the ATV is parked for transportation to or from a golf course on a road with a speed limit of 35MPH or less during the day.
- You’re in a master planned community that permits ATV use.
In either case, you’re also permitted to cross an intersection not in the community or where the speed limit is greater than 35 MPH.
In addition to riding ATVs on designated trails and parks on public property, you can also ride your ATV on private property as long as you have the property owner’s permission. However, be aware of any local regulations (e.g., HOA rules or zoning restrictions) that might affect your ability to use an ATV lawfully on private property.
Special Rules for ATV Road Usage
There are certain exceptions to Texas state road usage laws. These apply in limited situations for law enforcement, public agencies, public utility workers, and farmers.
- Law enforcement and first responders: ATVs can be operated on public roads for law enforcement, firefighting, medical, ambulance, and other emergency services, but only in a 10-mile radius from where the ATV originates
- State, county, or municipality agencies: ATVs can be operated on state highways or a public beach to maintain public safety
- Farmers and ranchers: ATVs can be driven on public roads up to 25 miles from the point of origin during the daytime in connection with the cultivation, production, or harvesting of agricultural products
- Public utility workers: ATVs are permitted for daytime use on public roads in connection with public utility services not more than 25 miles from the point of origin
If the ATV in question doesn’t have an Off-Highway Vehicle license plate affixed to it, the operator must mount a triangular orange flag to the back of the vehicle at least six feet above ground level. In these situations, the ATV’s headlights and taillights must be on at all times.
Understanding these regulations is crucial, especially if you’re involved in an ATV accident where questions about lawful operation may arise. A Round Rock ATV accident attorney can help determine whether regulatory violations contributed if you’ve been in an accident.
What Happens If I Get into an ATV Accident in Texas?
ATV accidents can cause severe physical injuries, including spinal cord injuries, nerve damage, amputated limbs, brain injuries, and broken bones. When you get into an accident while riding an ATV through little-to-no fault of your own, you may be entitled to compensation.
- ATV accidents on public roads: Texas follows fault-based rules for auto accidents. If you’re lawfully riding an ATV on public property and get into an accident with a passenger vehicle, you can seek compensation for your injuries from the negligent driver.
- ATV accidents on private property: If you get into an accident on private property because another ATV user was negligent or because of unsafe conditions, you can take legal action against the at-fault parties and demand compensation for your medical bills, lost wages, and other damages.
- Defective ATVs: ATV manufacturers such as Polaris, Can-Am, Yamaha, and Honda may be strictly liable if defects in their off-road vehicles cause or contribute to ATV accidents resulting in injury or wrongful death.
Filing a claim after an ATV accident can be complex, especially when determining liability and dealing with insurance companies. An ATV accident attorney from Dow Law Firm can guide you through the entire claims process, ensuring you receive the full compensation you deserve for your injuries.
Contact a Round Rock ATV Accident Lawyer From Dow Law Firm
Ultimately, the best thing you can do after an ATV accident in Round Rock, Texas, is to contact an experienced personal injury attorney.
At Dow Law Firm, we appreciate the struggles you can face in the wake of an ATV accident and know that the road to recovery can be challenging. Our ATV accident attorneys can offer the insights, experience, and resources you’ll need to recover full compensation for your injuries.
We offer a free initial consultation. Contact our ATV accident lawyers in Round Rock today at (512) 240-9951.