{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/46.2-915.1.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/46.2-915.1.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/46.2-915.1.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/46.2-915.1.html"}],"law_id":78339,"edition_id":1,"section_id":78339,"structure_id":15902,"section_number":"46.2-915.1","catch_line":"All-terrain vehicles and off-road motorcycles; penalty","history":"1989, c. 290, \u00a7 46.1-172.04; 1995, c. 670; 2001, c. 147; 2003, c. 313; 2006, c. 896; 2011, c. 822; 2015, cc. 502, 503; 2024, cc. 436, 510.","full_text":"A\n\nNo all-terrain vehicle shall be operated:1\n\nOn any public highway, or other public property, except (i) as authorized by proper authorities, (ii) to the extent necessary to cross a public highway by the most direct route, or (iii) by law-enforcement officers, firefighters, or emergency medical services personnel responding to emergencies;2\n\nBy any person under the age of 16, except that (i) children between the ages of 12 and 16 may operate all-terrain vehicles powered by engines of no more than 90 cubic centimeters displacement and (ii) children less than 12 years old may operate all-terrain vehicles powered by engines of no more than 70 cubic centimeters displacement;3\n\nBy any person unless he is wearing a protective helmet of a type approved by the Superintendent of State Police for use by motorcycle operators;4\n\nOn another person&#8217;s property without the written consent of the owner of the property or as explicitly authorized by law; or5\n\nWith a passenger at any time, unless such all-terrain vehicle is designed and equipped to be operated with more than one rider.B\n\nNotwithstanding subsection A, all-terrain vehicles may be operated on the highways in Buchanan County and Tazewell County if the following conditions are met:1\n\nSuch operation is approved by action of the Buchanan County Board of Supervisors for operation along the Pocahontas Trail on Bill Young Mountain and across Virginia Route 635 in Buchanan County and approved by action of the Tazewell County Board of Supervisors for operation along the Pocahontas Trail in and between the Town of Pocahontas and Boissevain; across Virginia Routes 644, 663, 659, 627, 734, and 747; within the corporate limits of the Town of Pocahontas in Tazewell County; and across property of the Virginia Department of Corrections in Tazewell County, provided that permission is granted for such operation pursuant to &#xA7; 2.2-1150;2\n\nSigns, whose design, number, and location are approved by the Virginia Department of Transportation, have been posted warning motorists that all-terrain vehicles may be operating on the highway;3\n\nSuch all-terrain vehicles are operated during daylight hours on the highway for no more than one mile between one off-road trail and another;4\n\nSigns required by this subsection are purchased and installed by the person or club requesting the Board of Supervisors&#8217; approval for such over-the-road operation of all-terrain vehicles;5\n\nAll-terrain vehicles operators shall, when operating on the highway, obey all rules of the road applicable to other motor vehicles;6\n\nRiders of such all-terrain vehicles shall wear approved helmets; and7\n\nSuch all-terrain vehicles shall operate at speeds of no more than 25 miles per hour.\n\t\t\t\tNo provision of this subsection shall be construed to require all-terrain vehicles operated on a highway as provided in this subsection to comply with lighting requirements contained in this title.C\n\nAny retailer selling any all-terrain vehicle shall affix thereto, or verify that there is affixed thereto, a decal or sticker, approved by the Superintendent of State Police, which clearly and completely states the prohibition contained in subsection A.D\n\nA violation of this section shall not constitute negligence, be considered in mitigation of damages of whatever nature, be admissible in evidence or be the subject of comment by counsel in any action for the recovery of damages arising out of the operation, ownership, or maintenance of an all-terrain vehicle or off-road motorcycle, nor shall anything in this section change any existing law, rule, or procedure pertaining to any such civil action, nor shall this section bar any claim which otherwise exists.E\n\nViolation of any provision of this section shall be punishable by a civil penalty of not more than $500.F\n\nThe provisions of this section shall not apply:1\n\nTo any all-terrain vehicle being used in conjunction with farming activities; or2\n\nTo members of the household or employees of the owner or lessee of private property on which the all-terrain vehicle is operated.G\n\nThe governing body of any city may by ordinance provide for the lawful seizure, impounding, and disposition of an unlawfully operated all-terrain vehicle or off-road motorcycle operated on a highway or sidewalk within the boundaries of such city.H\n\nFor the purposes of this section, &#8220;all-terrain vehicle&#8221; and &#8220;off-road motorcycle&#8221; shall have the meanings ascribed in &#xA7; 46.2-100.","order_by":null,"text":{"0":{"id":280796,"text":"No all-terrain vehicle shall be operated:","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":280797,"text":"On any public highway, or other public property, except (i) as authorized by proper authorities, (ii) to the extent necessary to cross a public highway by the most direct route, or (iii) by law-enforcement officers, firefighters, or emergency medical services personnel responding to emergencies;","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A","next_prefix":"A2"},"2":{"id":280798,"text":"By any person under the age of 16, except that (i) children between the ages of 12 and 16 may operate all-terrain vehicles powered by engines of no more than 90 cubic centimeters displacement and (ii) children less than 12 years old may operate all-terrain vehicles powered by engines of no more than 70 cubic centimeters displacement;","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"A3"},"3":{"id":280799,"text":"By any person unless he is wearing a protective helmet of a type approved by the Superintendent of State Police for use by motorcycle operators;","type":"section","prefixes":["A","3"],"prefix":"3","entire_prefix":"A3","prefix_anchor":"A3","level":2,"prior_prefix":"A2","next_prefix":"A4"},"4":{"id":280800,"text":"On another person&#8217;s property without the written consent of the owner of the property or as explicitly authorized by law; or","type":"section","prefixes":["A","4"],"prefix":"4","entire_prefix":"A4","prefix_anchor":"A4","level":2,"prior_prefix":"A3","next_prefix":"A5"},"5":{"id":280801,"text":"With a passenger at any time, unless such all-terrain vehicle is designed and equipped to be operated with more than one rider.","type":"section","prefixes":["A","5"],"prefix":"5","entire_prefix":"A5","prefix_anchor":"A5","level":2,"prior_prefix":"A4","next_prefix":"B"},"6":{"id":280802,"text":"Notwithstanding subsection A, all-terrain vehicles may be operated on the highways in Buchanan County and Tazewell County if the following conditions are met:","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A5","next_prefix":"B1"},"7":{"id":280803,"text":"Such operation is approved by action of the Buchanan County Board of Supervisors for operation along the Pocahontas Trail on Bill Young Mountain and across Virginia Route 635 in Buchanan County and approved by action of the Tazewell County Board of Supervisors for operation along the Pocahontas Trail in and between the Town of Pocahontas and Boissevain; across Virginia Routes 644, 663, 659, 627, 734, and 747; within the corporate limits of the Town of Pocahontas in Tazewell County; and across property of the Virginia Department of Corrections in Tazewell County, provided that permission is granted for such operation pursuant to &#xA7; 2.2-1150;","type":"section","prefixes":["B","1"],"prefix":"1","entire_prefix":"B1","prefix_anchor":"B1","level":2,"prior_prefix":"B","next_prefix":"B2"},"8":{"id":280804,"text":"Signs, whose design, number, and location are approved by the Virginia Department of Transportation, have been posted warning motorists that all-terrain vehicles may be operating on the highway;","type":"section","prefixes":["B","2"],"prefix":"2","entire_prefix":"B2","prefix_anchor":"B2","level":2,"prior_prefix":"B1","next_prefix":"B3"},"9":{"id":280805,"text":"Such all-terrain vehicles are operated during daylight hours on the highway for no more than one mile between one off-road trail and another;","type":"section","prefixes":["B","3"],"prefix":"3","entire_prefix":"B3","prefix_anchor":"B3","level":2,"prior_prefix":"B2","next_prefix":"B4"},"10":{"id":280806,"text":"Signs required by this subsection are purchased and installed by the person or club requesting the Board of Supervisors&#8217; approval for such over-the-road operation of all-terrain vehicles;","type":"section","prefixes":["B","4"],"prefix":"4","entire_prefix":"B4","prefix_anchor":"B4","level":2,"prior_prefix":"B3","next_prefix":"B5"},"11":{"id":280807,"text":"All-terrain vehicles operators shall, when operating on the highway, obey all rules of the road applicable to other motor vehicles;","type":"section","prefixes":["B","5"],"prefix":"5","entire_prefix":"B5","prefix_anchor":"B5","level":2,"prior_prefix":"B4","next_prefix":"B6"},"12":{"id":280808,"text":"Riders of such all-terrain vehicles shall wear approved helmets; and","type":"section","prefixes":["B","6"],"prefix":"6","entire_prefix":"B6","prefix_anchor":"B6","level":2,"prior_prefix":"B5","next_prefix":"B7"},"13":{"id":280809,"text":"Such all-terrain vehicles shall operate at speeds of no more than 25 miles per hour.\n\t\t\t\tNo provision of this subsection shall be construed to require all-terrain vehicles operated on a highway as provided in this subsection to comply with lighting requirements contained in this title.","type":"section","prefixes":["B","7"],"prefix":"7","entire_prefix":"B7","prefix_anchor":"B7","level":2,"prior_prefix":"B6","next_prefix":"C"},"14":{"id":280810,"text":"Any retailer selling any all-terrain vehicle shall affix thereto, or verify that there is affixed thereto, a decal or sticker, approved by the Superintendent of State Police, which clearly and completely states the prohibition contained in subsection A.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B7","next_prefix":"D"},"15":{"id":280811,"text":"A violation of this section shall not constitute negligence, be considered in mitigation of damages of whatever nature, be admissible in evidence or be the subject of comment by counsel in any action for the recovery of damages arising out of the operation, ownership, or maintenance of an all-terrain vehicle or off-road motorcycle, nor shall anything in this section change any existing law, rule, or procedure pertaining to any such civil action, nor shall this section bar any claim which otherwise exists.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"16":{"id":280812,"text":"Violation of any provision of this section shall be punishable by a civil penalty of not more than $500.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"17":{"id":280813,"text":"The provisions of this section shall not apply:","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"F1"},"18":{"id":280814,"text":"To any all-terrain vehicle being used in conjunction with farming activities; or","type":"section","prefixes":["F","1"],"prefix":"1","entire_prefix":"F1","prefix_anchor":"F1","level":2,"prior_prefix":"F","next_prefix":"F2"},"19":{"id":280815,"text":"To members of the household or employees of the owner or lessee of private property on which the all-terrain vehicle is operated.","type":"section","prefixes":["F","2"],"prefix":"2","entire_prefix":"F2","prefix_anchor":"F2","level":2,"prior_prefix":"F1","next_prefix":"G"},"20":{"id":280816,"text":"The governing body of any city may by ordinance provide for the lawful seizure, impounding, and disposition of an unlawfully operated all-terrain vehicle or off-road motorcycle operated on a highway or sidewalk within the boundaries of such city.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F2","next_prefix":"H"},"21":{"id":280817,"text":"For the purposes of this section, &#8220;all-terrain vehicle&#8221; and &#8220;off-road motorcycle&#8221; shall have the meanings ascribed in &#xA7; 46.2-100.","type":"section","prefixes":["H"],"prefix":"H","entire_prefix":"H","prefix_anchor":"H","level":1,"prior_prefix":"G"}},"ancestry":[{"id":15902,"edition_id":1,"name":"Motorcycles and Mopeds and All-Terrain Vehicles","identifier":"13","label":"article","depth":4,"order_by":1,"parent_id":12875,"metadata":{},"date_created":"2026-06-26 04:01:38","date_modified":"2026-06-26 04:01:38","permalink":{"id":230487,"object_type":"structure","relational_id":15902,"identifier":"13","token":"46.2\/III\/8\/13","url":"\/46.2\/III\/8\/13\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12875,"edition_id":1,"name":"Regulation of Traffic","identifier":"8","label":"chapter","depth":3,"order_by":1,"parent_id":12827,"metadata":{},"date_created":"2026-06-26 03:43:58","date_modified":"2026-06-26 03:43:58","permalink":{"id":230189,"object_type":"structure","relational_id":12875,"identifier":"8","token":"46.2\/III\/8","url":"\/46.2\/III\/8\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12827,"edition_id":1,"name":"Operation","identifier":"III","label":"subtitle","depth":2,"order_by":1,"parent_id":12770,"metadata":{},"date_created":"2026-06-26 03:43:55","date_modified":"2026-06-26 03:43:55","permalink":{"id":228597,"object_type":"structure","relational_id":12827,"identifier":"III","token":"46.2\/III","url":"\/46.2\/III\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12770,"edition_id":1,"name":"Motor Vehicles","identifier":"46.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:52","date_modified":"2026-06-26 03:43:52","permalink":{"id":225289,"object_type":"structure","relational_id":12770,"identifier":"46.2","token":"46.2","url":"\/46.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":69474,"structure_id":15902,"section_number":"46.2-909","catch_line":"Riding on motorcycles, generally","url":"\/46.2-909\/","token":"46.2\/III\/8\/13\/46.2-909","metadata":false},{"id":62172,"structure_id":15902,"section_number":"46.2-910","catch_line":"Motorcycle and autocycle operators to wear helmets, etc.; certain sales prohibited; penalty","url":"\/46.2-910\/","token":"46.2\/III\/8\/13\/46.2-910","metadata":false},{"id":70012,"structure_id":15902,"section_number":"46.2-911","catch_line":"Repealed","url":"\/46.2-911\/","token":"46.2\/III\/8\/13\/46.2-911","metadata":false},{"id":63305,"structure_id":15902,"section_number":"46.2-911.1","catch_line":"Operation of motor-driven cycles on public highways prohibited","url":"\/46.2-911.1\/","token":"46.2\/III\/8\/13\/46.2-911.1","metadata":false},{"id":64522,"structure_id":15902,"section_number":"46.2-912","catch_line":"Operating motorcycle without headlight, horn or rearview mirror","url":"\/46.2-912\/","token":"46.2\/III\/8\/13\/46.2-912","metadata":false},{"id":61650,"structure_id":15902,"section_number":"46.2-913","catch_line":"Vendors of certain motorcycles to furnish statements of registration and licensing requirements","url":"\/46.2-913\/","token":"46.2\/III\/8\/13\/46.2-913","metadata":false},{"id":71481,"structure_id":15902,"section_number":"46.2-914","catch_line":"Limitations on operation of mopeds","url":"\/46.2-914\/","token":"46.2\/III\/8\/13\/46.2-914","metadata":false},{"id":68233,"structure_id":15902,"section_number":"46.2-915","catch_line":"Stickers required on mopeds","url":"\/46.2-915\/","token":"46.2\/III\/8\/13\/46.2-915","metadata":false},{"id":78339,"structure_id":15902,"section_number":"46.2-915.1","catch_line":"All-terrain vehicles and off-road motorcycles; penalty","url":"\/46.2-915.1\/","token":"46.2\/III\/8\/13\/46.2-915.1","metadata":false},{"id":72016,"structure_id":15902,"section_number":"46.2-915.2","catch_line":"Safety equipment for mopeds; effect of violation; penalty","url":"\/46.2-915.2\/","token":"46.2\/III\/8\/13\/46.2-915.2","metadata":false},{"id":69345,"structure_id":15902,"section_number":"46.2-916","catch_line":"Ordinances providing for the disposition of unregistered or unlicensed motorcycles","url":"\/46.2-916\/","token":"46.2\/III\/8\/13\/46.2-916","metadata":false}],"previous_section":{"id":68233,"structure_id":15902,"section_number":"46.2-915","catch_line":"Stickers required on mopeds","url":"\/46.2-915\/","token":"46.2\/III\/8\/13\/46.2-915","metadata":false},"next_section":{"id":72016,"structure_id":15902,"section_number":"46.2-915.2","catch_line":"Safety equipment for mopeds; effect of violation; penalty","url":"\/46.2-915.2\/","token":"46.2\/III\/8\/13\/46.2-915.2","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/46.2-915.1\/","history_text":"<p>This law was first created in 1989. The record of its establishment is cataloged in chapter 290 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1989 \u201cActs\u201d aren\u2019t available online. It has been modified 7 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1995, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?951+ful+CHAP0670\">670<\/a>; in 2001, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?011+ful+CHAP0147\">147<\/a>; in 2003, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?031+ful+CHAP0313\">313<\/a>; in 2006, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?061+ful+CHAP0896\">896<\/a>; in 2011, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?111+ful+CHAP0822\">822<\/a>; in 2015, chapters <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?151+ful+CHAP0502\">502<\/a> and <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?151+ful+CHAP0503\">503<\/a>; in 2024, chapters <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?241+ful+CHAP0436\">436<\/a> and <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?241+ful+CHAP0510\">510<\/a>.<\/p>","references":false,"refers_to":[{"id":86857,"section_number":"2.2-1150","catch_line":"Conveyance and transfers of real property by state agencies; approval of Governor and Attorney General; notice to members of General Assembly","order_by":null,"url":"\/2.2-1150\/"},{"id":82691,"section_number":"46.2-100","catch_line":"Definitions","order_by":null,"url":"\/46.2-100\/"}],"permalink":{"id":230521,"object_type":"law","relational_id":78339,"identifier":"46.2-915.1","token":"46.2\/III\/8\/13\/46.2-915.1","url":"\/46.2-915.1\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/46.2-915.1\/","token":"46.2\/III\/8\/13\/46.2-915.1","dublin_core":{"Title":"All-terrain vehicles and off-road motorcycles; penalty","Type":"Text","Format":"text\/html","Identifier":"\u00a7 46.2-915.1","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section id=\"A\"><p><span class=\"prefix-number\">A.<\/span> No <span class=\"dictionary\">all-terrain vehicle<\/span> shall be operated: <a id=\"paragraph-280796\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/46.2-915.1\/#A\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"A1\" class=\"indent-1\"><p><span class=\"prefix-number\">1.<\/span> On any public <span class=\"dictionary\">highway<\/span>, or other public property, except (i) as authorized by proper authorities, (ii) to the extent necessary to cross a public <span class=\"dictionary\">highway<\/span> by the most direct route, or (iii) by <span class=\"dictionary\"><span class=\"dictionary\">law<\/span>-enforcement officers<\/span>, firefighters, or emergency medical services personnel responding to emergencies; <a id=\"paragraph-280797\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/46.2-915.1\/#A1\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"A2\" class=\"indent-1\"><p><span class=\"prefix-number\">2.<\/span> By any person under the age of 16, except that (i) children between the ages of 12 and 16 may operate <span class=\"dictionary\">all-terrain vehicles<\/span> powered by engines of no more than 90 cubic centimeters displacement and (ii) children less than 12 years old may operate <span class=\"dictionary\">all-terrain vehicles<\/span> powered by engines of no more than 70 cubic centimeters displacement; <a id=\"paragraph-280798\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/46.2-915.1\/#A2\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"A3\" class=\"indent-1\"><p><span class=\"prefix-number\">3.<\/span> By any person unless he is wearing a protective helmet of a type approved by the <span class=\"dictionary\">Superintendent<\/span> of State Police for use by <span class=\"dictionary\">motorcycle<\/span> <span class=\"dictionary\">operators<\/span>; <a id=\"paragraph-280799\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/46.2-915.1\/#A3\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"A4\" class=\"indent-1\"><p><span class=\"prefix-number\">4.<\/span> On another person&#8217;s property without the written consent of the <span class=\"dictionary\">owner<\/span> of the property or as explicitly authorized by <span class=\"dictionary\">law<\/span>; or <a id=\"paragraph-280800\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/46.2-915.1\/#A4\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"A5\" class=\"indent-1\"><p><span class=\"prefix-number\">5.<\/span> With a passenger at any time, unless such <span class=\"dictionary\">all-terrain vehicle<\/span> is designed and equipped to be operated with more than one rider. <a id=\"paragraph-280801\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/46.2-915.1\/#A5\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B\"><p><span class=\"prefix-number\">B.<\/span> Notwithstanding subsection A, <span class=\"dictionary\">all-terrain vehicles<\/span> may be operated on the <span class=\"dictionary\"><span class=\"dictionary\">highways<\/span><\/span> in Buchanan County and Tazewell County if the following conditions are met: <a id=\"paragraph-280802\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/46.2-915.1\/#B\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B1\" class=\"indent-1\"><p><span class=\"prefix-number\">1.<\/span> Such operation is approved by action of the Buchanan County Board of Supervisors for operation along the Pocahontas Trail on Bill Young Mountain and across Virginia Route 635 in Buchanan County and approved by action of the Tazewell County Board of Supervisors for operation along the Pocahontas Trail in and between the Town of Pocahontas and Boissevain; across Virginia Routes 644, 663, 659, 627, 734, and 747; within the corporate limits of the Town of Pocahontas in Tazewell County; and across property of the Virginia <span class=\"dictionary\">Department<\/span> of Corrections in Tazewell County, provided that permission is granted for such operation pursuant to &#xA7; <a class=\"law\" title=\"Conveyance and transfers of real property by state agencies; approval of Governor and Attorney General; notice to members of General Assembly\" href=\"\/2.2-1150\/\">2.2-1150<\/a>; <a id=\"paragraph-280803\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/46.2-915.1\/#B1\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B2\" class=\"indent-1\"><p><span class=\"prefix-number\">2.<\/span> Signs, whose design, number, and location are approved by the Virginia <span class=\"dictionary\">Department<\/span> of Transportation, have been posted warning motorists that <span class=\"dictionary\">all-terrain vehicles<\/span> may be operating on the <span class=\"dictionary\">highway<\/span>; <a id=\"paragraph-280804\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/46.2-915.1\/#B2\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B3\" class=\"indent-1\"><p><span class=\"prefix-number\">3.<\/span> Such <span class=\"dictionary\">all-terrain vehicles<\/span> are operated during daylight hours on the <span class=\"dictionary\">highway<\/span> for no more than one mile between one off-road trail and another; <a id=\"paragraph-280805\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/46.2-915.1\/#B3\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B4\" class=\"indent-1\"><p><span class=\"prefix-number\">4.<\/span> Signs required by this subsection are purchased and installed by the person or club requesting the Board of Supervisors&#8217; approval for such over-the-road operation of <span class=\"dictionary\">all-terrain vehicles<\/span>; <a id=\"paragraph-280806\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/46.2-915.1\/#B4\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B5\" class=\"indent-1\"><p><span class=\"prefix-number\">5.<\/span> <span class=\"dictionary\">All-terrain vehicles<\/span> <span class=\"dictionary\">operators<\/span> shall, when operating on the <span class=\"dictionary\">highway<\/span>, obey all rules of the road applicable to other <span class=\"dictionary\">motor vehicles<\/span>; <a id=\"paragraph-280807\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/46.2-915.1\/#B5\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B6\" class=\"indent-1\"><p><span class=\"prefix-number\">6.<\/span> Riders of such <span class=\"dictionary\">all-terrain vehicles<\/span> shall wear approved helmets; and <a id=\"paragraph-280808\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/46.2-915.1\/#B6\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B7\" class=\"indent-1\"><p><span class=\"prefix-number\">7.<\/span> Such <span class=\"dictionary\">all-terrain vehicles<\/span> shall operate at speeds of no more than 25 miles per hour.\n\t\t\t\tNo provision of this subsection shall be construed to require <span class=\"dictionary\">all-terrain vehicles<\/span> operated on a <span class=\"dictionary\">highway<\/span> as provided in this subsection to comply with lighting requirements contained in this title. <a id=\"paragraph-280809\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/46.2-915.1\/#B7\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"C\"><p><span class=\"prefix-number\">C.<\/span> Any retailer selling any <span class=\"dictionary\">all-terrain vehicle<\/span> shall affix thereto, or verify that there is affixed thereto, a <span class=\"dictionary\">decal<\/span> or sticker, approved by the <span class=\"dictionary\">Superintendent<\/span> of State Police, which clearly and completely states the prohibition contained in subsection A. <a id=\"paragraph-280810\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/46.2-915.1\/#C\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"D\"><p><span class=\"prefix-number\">D.<\/span> A violation of this section shall not constitute <span class=\"dictionary\">negligence<\/span>, be considered in mitigation of <span class=\"dictionary\">damages<\/span> of whatever nature, be <span class=\"dictionary\">admissible<\/span> in <span class=\"dictionary\">evidence<\/span> or be the subject of comment by <span class=\"dictionary\">counsel<\/span> in any action for the recovery of <span class=\"dictionary\">damages<\/span> arising out of the operation, ownership, or maintenance of an <span class=\"dictionary\">all-terrain vehicle<\/span> or <span class=\"dictionary\">off-road motorcycle<\/span>, nor shall anything in this section change any existing <span class=\"dictionary\">law<\/span>, rule, or procedure pertaining to any such <span class=\"dictionary\">civil action<\/span>, nor shall this section bar any claim which otherwise exists. <a id=\"paragraph-280811\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/46.2-915.1\/#D\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"E\"><p><span class=\"prefix-number\">E.<\/span> Violation of any provision of this section shall be punishable by a civil <span class=\"dictionary\">penalty<\/span> of not more than $500. <a id=\"paragraph-280812\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/46.2-915.1\/#E\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"F\"><p><span class=\"prefix-number\">F.<\/span> The provisions of this section shall not apply: <a id=\"paragraph-280813\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/46.2-915.1\/#F\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"F1\" class=\"indent-1\"><p><span class=\"prefix-number\">1.<\/span> To any <span class=\"dictionary\">all-terrain vehicle<\/span> being used in conjunction with farming activities; or <a id=\"paragraph-280814\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/46.2-915.1\/#F1\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"F2\" class=\"indent-1\"><p><span class=\"prefix-number\">2.<\/span> To members of the household or employees of the <span class=\"dictionary\">owner<\/span> or lessee of private property on which the <span class=\"dictionary\">all-terrain vehicle<\/span> is operated. <a id=\"paragraph-280815\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/46.2-915.1\/#F2\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"G\"><p><span class=\"prefix-number\">G.<\/span> The <span class=\"dictionary\">governing body<\/span> of any city may by <span class=\"dictionary\">ordinance<\/span> provide for the lawful seizure, impounding, and <span class=\"dictionary\">disposition<\/span> of an unlawfully operated <span class=\"dictionary\">all-terrain vehicle<\/span> or <span class=\"dictionary\">off-road motorcycle<\/span> operated on a <span class=\"dictionary\">highway<\/span> or <span class=\"dictionary\">sidewalk<\/span> within the boundaries of such city. <a id=\"paragraph-280816\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/46.2-915.1\/#G\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"H\"><p><span class=\"prefix-number\">H.<\/span> For the purposes of this section, &#8220;<span class=\"dictionary\">all-terrain vehicle<\/span>&#8221; and &#8220;<span class=\"dictionary\">off-road motorcycle<\/span>&#8221; shall have the meanings ascribed in &#xA7; <a class=\"law\" title=\"Definitions\" href=\"\/46.2-100\/\">46.2-100<\/a>. <a id=\"paragraph-280817\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/46.2-915.1\/#H\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\nALL-TERRAIN VEHICLES AND OFF-ROAD MOTORCYCLES; PENALTY (\u00a7 46.2-915.1)\n\nA. No all-terrain vehicle shall be operated:\n\n   1. On any public highway, or other public property, except (i) as authorized\n   by proper authorities, (ii) to the extent necessary to cross a public highway\n   by the most direct route, or (iii) by law-enforcement officers, firefighters,\n   or emergency medical services personnel responding to emergencies;\n\n   2. By any person under the age of 16, except that (i) children between the\n   ages of 12 and 16 may operate all-terrain vehicles powered by engines of no\n   more than 90 cubic centimeters displacement and (ii) children less than 12\n   years old may operate all-terrain vehicles powered by engines of no more than\n   70 cubic centimeters displacement;\n\n   3. By any person unless he is wearing a protective helmet of a type approved\n   by the Superintendent of State Police for use by motorcycle operators;\n\n   4. On another person&#8217;s property without the written consent of the owner\n   of the property or as explicitly authorized by law; or\n\n   5. With a passenger at any time, unless such all-terrain vehicle is designed\n   and equipped to be operated with more than one rider.\n\nB. Notwithstanding subsection A, all-terrain vehicles may be operated on the\nhighways in Buchanan County and Tazewell County if the following conditions are\nmet:\n\n   1. Such operation is approved by action of the Buchanan County Board of\n   Supervisors for operation along the Pocahontas Trail on Bill Young Mountain\n   and across Virginia Route 635 in Buchanan County and approved by action of the\n   Tazewell County Board of Supervisors for operation along the Pocahontas Trail\n   in and between the Town of Pocahontas and Boissevain; across Virginia Routes\n   644, 663, 659, 627, 734, and 747; within the corporate limits of the Town of\n   Pocahontas in Tazewell County; and across property of the Virginia Department\n   of Corrections in Tazewell County, provided that permission is granted for\n   such operation pursuant to &#xA7; 2.2-1150;\n\n   2. Signs, whose design, number, and location are approved by the Virginia\n   Department of Transportation, have been posted warning motorists that\n   all-terrain vehicles may be operating on the highway;\n\n   3. Such all-terrain vehicles are operated during daylight hours on the highway\n   for no more than one mile between one off-road trail and another;\n\n   4. Signs required by this subsection are purchased and installed by the person\n   or club requesting the Board of Supervisors&#8217; approval for such\n   over-the-road operation of all-terrain vehicles;\n\n   5. All-terrain vehicles operators shall, when operating on the highway, obey\n   all rules of the road applicable to other motor vehicles;\n\n   6. Riders of such all-terrain vehicles shall wear approved helmets; and\n\n   7. Such all-terrain vehicles shall operate at speeds of no more than 25 miles\n   per hour.\n   \t\t\t\tNo provision of this subsection shall be construed to require all-terrain\n   vehicles operated on a highway as provided in this subsection to comply with\n   lighting requirements contained in this title.\n\nC. Any retailer selling any all-terrain vehicle shall affix thereto, or verify\nthat there is affixed thereto, a decal or sticker, approved by the\nSuperintendent of State Police, which clearly and completely states the\nprohibition contained in subsection A.\n\nD. A violation of this section shall not constitute negligence, be considered in\nmitigation of damages of whatever nature, be admissible in evidence or be the\nsubject of comment by counsel in any action for the recovery of damages arising\nout of the operation, ownership, or maintenance of an all-terrain vehicle or\noff-road motorcycle, nor shall anything in this section change any existing law,\nrule, or procedure pertaining to any such civil action, nor shall this section\nbar any claim which otherwise exists.\n\nE. Violation of any provision of this section shall be punishable by a civil\npenalty of not more than $500.\n\nF. The provisions of this section shall not apply:\n\n   1. To any all-terrain vehicle being used in conjunction with farming\n   activities; or\n\n   2. To members of the household or employees of the owner or lessee of private\n   property on which the all-terrain vehicle is operated.\n\nG. The governing body of any city may by ordinance provide for the lawful\nseizure, impounding, and disposition of an unlawfully operated all-terrain\nvehicle or off-road motorcycle operated on a highway or sidewalk within the\nboundaries of such city.\n\nH. For the purposes of this section, &#8220;all-terrain vehicle&#8221; and\n&#8220;off-road motorcycle&#8221; shall have the meanings ascribed in &#xA7;\n46.2-100.\n\nHISTORY: 1989, c. 290, \u00a7 46.1-172.04; 1995, c. 670; 2001, c. 147; 2003, c. 313;\n2006, c. 896; 2011, c. 822; 2015, cc. 502, 503; 2024, cc. 436, 510.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}