Although summer is almost over, there are still plenty of warm days left to ride your ATV. With more and more of these type vehicles being made street legal, there has been a dramatic increase in the number we see on a daily basis. Whether you ride just for fun or use your ATV for daily transportation, it is important to remain safe and obey all traffic laws.
The San Xavier District has a large amount of open area for legal ATV use. Unfortunately, many ATV users tend to ride their vehicles from home to these areas. In doing so, they are using public roadways – which is neither safe nor legal.
When trying to find out if something is allowed under the law, there are several places to research. Listed below are the top three (3):
While Arizona Revised Statutes Title 28 covers all aspects of safety concerning vehicles, Pima County Codes regarding ATV use are generally geared towards the health and well-being of Pima County residents. The most generally used terms, and their definitions, regarding ATV use are listed below.
For the purposes of this website, we will be reviewing ARS and Pima County Codes only. Sections relating to ATV use are ARS Title 28, which deals with traffic laws, and Pima County Ordinance Chapter 9.12, which deals with ATVs.
When you purchase an ATV from a dealer, you receive a title and license plate. The license plate DOES NOT mean that the vehicle is registered with the state. Generally, a license plate with “RV” on it is a title plate only. A license plate with “MC,” means the vehicle is registered for road use. If you want to use an ATV on public roadways, you need to ensure that the ATV has all of the necessary equipment for road use ( ARS 28-964). When operating an ATV on public roadways, you MUST follow all traffic laws and carry proof of insurance and registration with you at all times. It is just as if you are driving a motor vehicle. Children under the age of 16, or who do not have a valid driver’s license, may not operate an ATV on a roadway; however, they may operate an ATV on a dirt road. While operating an ATV off-road, you must ride responsibly and not endanger the safety of people or property (ARS 28-1174).
There are several other statutes and ordinances that govern the use of ATVs that are not covered or addressed here. The Pima County Sheriff’s Department’s San Xavier District is providing some basic information regarding ATV use and pointing the riding public in the right direction to find more in-depth information. It is ultimately each individual’s responsibility to research and follow all laws pertaining to vehicles; whether they are for use on public roadways or off-road. The most important thing to remember is SAFETY! – Safety for you and the community in which you are riding.
The Arizona Game and Fish Department’s website is also a good source of information.
Reckless driving on an ATV is one of the highest call statistics in the San Xavier District. In an effort to reduce the amount of dust and noise pollution, as well as keeping everyone in our District safe, the deputies of the San Xavier District will strictly enforce all laws pertaining to ATV use on and off roadways.
Let’s work together to keep everyone safe!!
Definitions:
All-Terrain Vehicle (ATV) - Per ARS 28-101.3
A motor vehicle that satisfies all of the following:
(a) Is designed primarily for a recreational non-highway all-terrain travel
(b) Is 50 or fewer inches in width
(c) Has an unladen weight of 800 pounds or less
(d) Travels on three (3) or more low-pressure tires
(e) Has a seat to be straddled by the operator and handlebars for steering control
(f) Is operated on a public highway
Off-Highway Vehicle – Per ARS 28-1171.3
(a) A motorized vehicle when operated off of highways on land, water, snow, ice, or other natural terrain or on a combination of land, water, snow, ice, or other natural terrain
(b) Includes a two-wheel, three-wheel, or four-wheel vehicle, motorcycle, four-wheel drive vehicle, dune buggy, amphibious vehicle, ground effects or air cushion vehicle, and any other means of land transportation deriving motive power from a source other than muscle or wind.
(c) Does not include a vehicle that is either:
(i) Designed primarly for travel on, over, or in the water
(ii) Used in installation, inspection, maintenance, repair, or related activities involving facilities for the provision of utility or railroad service
Street or Highway – Per ARS 28-101.51
The entire width between the boundary lines of every way if a part of the way is open to the use of the public for purposes of vehicular travel. (This includes the shoulders of the roadway.)
Dirt Road – Per ARS 28-4132
An unpaved or ungraveled road that is not maintained by this state or a city, town, or county of this state.
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