                                 CODE OF VIRGINIA

ALL-TERRAIN VEHICLES AND OFF-ROAD MOTORCYCLES; PENALTY (§ 46.2-915.1)

A. No all-terrain vehicle shall be operated:

   1. 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;

   2. 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;

   3. 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;

   4. On another person&#8217;s property without the written consent of the owner
   of the property or as explicitly authorized by law; or

   5. With a passenger at any time, unless such all-terrain vehicle is designed
   and equipped to be operated with more than one rider.

B. Notwithstanding subsection A, all-terrain vehicles may be operated on the
highways in Buchanan County and Tazewell County if the following conditions are
met:

   1. 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;

   2. 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;

   3. 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;

   4. 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;

   5. All-terrain vehicles operators shall, when operating on the highway, obey
   all rules of the road applicable to other motor vehicles;

   6. Riders of such all-terrain vehicles shall wear approved helmets; and

   7. Such all-terrain vehicles shall operate at speeds of no more than 25 miles
   per hour.
   				No 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. 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.

D. 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.

E. Violation of any provision of this section shall be punishable by a civil
penalty of not more than $500.

F. The provisions of this section shall not apply:

   1. To any all-terrain vehicle being used in conjunction with farming
   activities; or

   2. To members of the household or employees of the owner or lessee of private
   property on which the all-terrain vehicle is operated.

G. 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.

H. 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.

HISTORY: 1989, c. 290, § 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.